S-0946.1  _______________________________________________

                         SENATE BILL 5871

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senator Heavey

Read first time 02/15/1999.  Referred to Committee on Judiciary.

Specifying evidence to be considered in civil actions involving liability of alcohol sellers.

    AN ACT Relating to liability of alcohol sellers; and adding a new section to chapter 4.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

    In any civil action brought for damages for the injury or death of a patron of a commercial establishment, when the injury or death is proximately caused by the selling of alcohol to that patron, the trier of fact may consider the following:

    (1) The person's appearance at the time the intoxicating liquor was furnished to that person including but not limited to slurred speech and physical impairment;

    (2) Evidence of the amount and type of alcohol consumed; and

    (3) The length of time the person remained in the establishment consuming alcohol.

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