Loading chat...
AL HB158
Bill
Status
3/21/2023
Primary Sponsor
David Faulkner
Click for details
AI Summary
-
Changes liability standard for alcoholic beverage sellers/furnishers from strict liability to a "knew or should have known" standard, requiring sellers to know the customer was visibly intoxicated and that furnishing alcohol violated law.
-
Defines "knowingly" as "knew or should have known under the circumstances" for purposes of establishing liability.
-
Establishes that visible intoxication evidence must be based on totality of circumstances at time of service and cannot require the finder of fact to speculate.
-
Prohibits consumers from recovering from alcohol providers for injuries caused by the consumer's own alcohol ingestion.
-
Repeals the strict liability standard from McIsaac v. Monte Carlo Club, Inc. (1991) and does not extend liability to social hosts serving alcohol to adults 21 years of age or older; becomes effective immediately upon passage and gubernatorial approval.
Legislative Description
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.
Alcoholic Beverages; changing standard of liability for sellers to injured third parties.
Last Action
Indefinitely Postpone
4/11/2023