- Introduced -

SB 978 - This act revises the dram shop liability statute. The act provides that a cause of action may be brought against a person licensed to sell intoxicating liquor by the drink when it is proven by clear and convincing evidence that the seller knowingly served a person under 21 or served a visibly intoxicated person. A "visibly intoxicated person" is defined as a person when inebriated to such an extent that the person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction. A person's blood alcohol content will not constitute prima facie evidence to establish "visible intoxication." The person who became intoxicated may not sustain such a lawsuit. Liability for such actions is limited for $100,000 per incident or occurrence and property damage liability is capped at $20,000 regardless of the number of persons involved.

Actions must be brought within one year of the date of the alleged violation. Plaintiffs are required to give written notice to all defendants within 180 days of the conduct and must specify the time, place, and circumstances of seller's conduct creating liability as well as the time, place and circumstances of any resulting damage. Substantially material errors or omissions in the notice may void the notice. Failure to provide the required written notice may subject the case to dismissal.

CINDY KADLEC