HB158 Alabama 2023 Session

Summary

Primary Sponsor

David Faulkner Representative

Republican

Session

Regular Session 2023

Title

Relating to civil liability; to amend Section 6-5-71, Code of Alabama 1975, to further provide for the right of action for injuries resulting from the illegal furnishing of alcoholic beverages, by basing liability for a person who illegally furnishes alcoholic beverages to an individual who injures a third party on what the furnisher knew or should have known under the circumstances; to specify when the right of action is not available; and to provide legislative intent.

Description

Existing law provides that any seller or furnisher of alcoholic beverages, such as a bar, restaurant, or retail store, can be held liable for civil damages suffered by an individual who is injured by an intoxicated customer or patron of the seller or furnisher. The current standard used by courts in Alabama imposes strict liability on a seller or furnisher of alcoholic beverages based on the fact that alcoholic beverages were furnished to an individual contrary to the provisions of law, and that individual subsequently caused injury to another. Under existing law, social hosts are not subject to liability under Section 6-5-71, Code of Alabama 1975, for service of alcoholic beverages to individuals 21 years of age or older.

This bill would change the standard that civil courts use to hold sellers or furnishers of alcoholic beverages liable for injuries caused by an intoxicated customer or patron by instead requiring that the seller or furnisher knew, or should have known under the circumstances leading up to the injury, that it was contrary to the provisions of law to furnish the visibly intoxicated customer or patron alcoholic beverages, and that such furnishing was the proximate HB158 INTRODUCED cause of the injury. It would also specify a case in which this right of action is not available, and does not extend liability to social hosts for service of alcoholic beverages to an individual 21 years of age or older.

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Subjects

Alcoholic Beverages; changing standard of liability for sellers to injured third parties.