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AL SB104
Bill
AI Summary
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Changes liability standard for illegal furnishing of alcoholic beverages from strict liability to a "knew or should have known" standard based on circumstances at the time of service.
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Defines "knowingly" as "knew or should have known under the circumstances" for purposes of determining liability for injuries caused by an intoxicated individual.
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Establishes that evidence of visible intoxication must be based on totality of circumstances and cannot require the finder of fact to speculate; evidence must be direct or circumstantial but not speculative.
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Prohibits consumers from recovering damages from alcohol providers for injuries caused by the consumer's own ingestion of alcohol.
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Repeals the strict liability standard from McIsaac v. Monte Carlo Club, Inc. (1991) and does not broaden liability for social hosts serving alcohol to individuals 21 years of age or older.
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; change standard of liability for furnishers to injured third parties
Last Action
Enacted
4/12/2023