SB104 Alabama 2023 Session

Summary

Primary Sponsor

Chris ElliottSenator

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

SB104 replaces Alabama's strict liability standard for illegal alcohol furnishing with a knowledge-based standard and clarifies who can sue and when, while keeping social hosts exempt for serving adults 21 or older.

What This Bill Does

The bill shifts liability from automatic fault to whether the furnisher knew or should have known under the circumstances that it was illegal to furnish alcohol to a visibly intoxicated person and that this action caused the injury. It allows an injured party or their representative to sue the furnisher or the intoxicated person for damages (including exemplary damages) when the intoxication was caused by furnishing contrary to law and the sale was the proximate cause; a consumer cannot recover for injuries from their own drinking. It preserves survival of actions after death and lets cases be pursued by the injured party or their representative, and by allowing joint or separate actions against either the intoxicated person or the furnisher. Evidence must show intoxication based on the totality of circumstances and must be direct or non-speculative, and social hosts remain exempt for serving 21-year-olds or older.

Who It Affects

• Alcohol sellers/furnishers (bars, restaurants, retailers) who must meet a knowledge-based standard and can be held liable for injuries only if they knew or should have known that furnishing to a visibly intoxicated person was illegal and caused the injury; they are not automatically liable for injuries from intoxication and are not liable for serving someone who is 21 or older in a social-host context.
• Injured individuals and their families (and their legal representatives) who may sue the furnisher or the intoxicated person for actual and exemplary damages when the intoxication resulted from furnishing contrary to law and was the proximate cause; actions survive death and may be joined or separated.

Key Provisions

• Amends 6-5-71(a)(1) to require a knowledge-based standard: liability exists if the furnisher knew, or should have known under the circumstances, that furnishing to a visibly intoxicated person was contrary to law and was the proximate cause of the injury.
• Defines 'knowingly' as 'knew or should have known under the circumstances.'
• Right of action exists against the furnisher (or the intoxicated person) for damages (including exemplary damages) when the intoxication was caused by furnishing contrary to law and the sale was the proximate cause; the consumer cannot recover for injuries from their own ingestion.
• Not intended to broaden social-host liability; social hosts are not liable for serving alcohol to individuals who are 21 years old or older.
• Survival and enforcement: the injured party or their legal representative can bring the action; the right of action survives to the party's executor or administrator; actions may be joint or separate against the intoxicated person or the furnisher.
• Evidence standard: proof of intoxication must be based on the totality of circumstances at the time of service and must be direct evidence or non-speculative if circumstantial.
• Effective date: this act becomes effective immediately after passage and approval.

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; change standard of liability for furnishers to injured third parties