SENATE BILL REPORT

SB 5867

BYSenator Barr

Changing provisions relating to actions against providers of alcoholic beverages.

Senate Committee on Law and Justice

Senate Hearing Date(s):January 21, 1988

Senate Staff:Lidia Mori (786-7418)

AS OF JANUARY 20, 1988

BACKGROUND:

The Washington Supreme Court abolished the Dram Shop Act in 1955. Cases subsequent to that time ruled that the furnisher of alcoholic beverages is not liable to a third party whose injury is caused by the intoxicated consumer so long as the person to whom the liquor was sold or given was not in such a state of helplessness or debauchery as to be deprived of his will power or responsibility for his behavior.  In a more recent 1982 case, the court added an exception creating grounds for liability when alcohol is furnished to a person who is obviously intoxicated. In March 1986 the Washington Supreme Court held an employer vicariously liable for an accident caused by an intoxicated employee while driving from a function hosted by the employer. The employee was found to be within the scope of employment since the function was intended to further the employer's interest and attendance was requested by the employer.

SUMMARY:

A person who is not a social guest may recover damages for bodily injury or injury to real or personal property from a social host or social club host if the social or social club host wilfully and knowingly provided alcohol to a guest who had attained the legal age to consume alcohol and who was visibly intoxicated in the host's presence or to a guest who was visibly intoxicated under circumstances manifesting reckless disregard of the consequences to the life or property of another.

In addition, the host must have provided the alcohol to the guest under circumstances that created an unreasonable risk of foreseeable harm to others and the host failed to exercise reasonable care to avoid the risk.  The injury must arise out of the negligent operation of a vehicle by the intoxicated social guest.  The host is not liable for damages to a guest or the guest's estate, heirs or assigns suffered as a result of the host's wilful and knowing provision of alcohol.

A licensed alcoholic beverage server who serves alcohol to a business guest, who has attained the legal age to consume alcohol, is not liable for that person's bodily injury or injury to real or personal property due to the consumption of alcohol. The licensed alcoholic beverage server is also not liable to that person's estate, heirs or assigns for damages resulting from the person's consumption of alcohol.  A person who is not a business guest may recover damages for bodily injury or injury to real or personal property from a licensed alcoholic beverage server if the server wilfully and knowingly provided alcohol to a business guest who was visibly intoxicated in the server's presence or under circumstances manifesting reckless disregard of the consequences to the life or property of another.  The server must have provided the alcohol to the guest under circumstances creating an unreasonable risk of foreseeable harm to others and have failed to exercise reasonable care to avoid the risk.  The injury must arise out of the negligent operation of a vehicle by the intoxicated business guest.

The concentration of alcohol in the blood of the business guest determines the liability of a licensed alcoholic beverage server.  A result of .10 grams of alcohol per two hundred ten liters of breath creates an irrebuttable presumption that the business guest was not visibly intoxicated.  A result between .15 grams and .10 grams of alcohol per two hundred ten liters of breath creates a rebuttable presumption that the business guest was not visibly intoxicated.  A blood alcohol reading of greater that .15 creates a rebuttable presumption that the business guest was visibly intoxicated.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1988