HB158 Alabama 2023 Session

Summary

Primary Sponsor

David FaulknerRepresentative

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.

Summary

HB158 replaces Alabama’s strict liability standard for illegal furnishing of alcohol with a knowledge-based standard and clarifies when liability applies or does not.

What This Bill Does

It changes liability for sellers, furnishers, and servers of alcohol so they can be held responsible only if they knew or should have known that furnishing alcohol to a visibly intoxicated person was illegal and that doing so proximately caused injury to a third party. It states that social hosts are not liable under this act for serving to someone 21 or older, and it specifies that there are circumstances when the right of action is not available. It allows an injured party or their legal representative to sue the intoxicated person or the furnisher, with damages including actual and exemplary damages, and requires evidence of visible intoxication based on the totality of circumstances and either direct evidence or non-speculative circumstantial evidence. The act takes effect immediately after passage and approval, reflecting an intent to repeal the previous strict liability standard.

Who It Affects

• Alcohol sellers, furnishers, and servers (bars, restaurants, and retail stores) who could be held liable only if they knew or should have known that furnishing to a visibly intoxicated person was illegal and that it proximately caused injury.
• Social hosts, who are not made liable under this act for serving alcohol to individuals 21 years of age or older.

Key Provisions

• Creates a knowledge-based liability standard, requiring the furnisher to have known or should have known that furnishing alcohol to a visibly intoxicated person was illegal and that it proximately caused injury; social hosts are not liable under this act.
• Defines who may sue (the injured party or their legal representative) against the intoxicated person or the furnisher, allows actual and exemplary damages, defines 'knowingly' as knew or should have known, requires evidence of visible intoxication based on the totality of circumstances with direct or non-speculative proof, allows joint or separate actions, and states the act takes effect immediately with a note on legislative intent to repeal the prior strict liability standard.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

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