S-0305.2  _______________________________________________

                         SENATE BILL 5873

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senator Heavey

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

Specifying the liability exposure of social hosts who furnish alcohol to guests.

    AN ACT Relating to liability of social hosts; 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:

    (1) A social host who furnishes alcohol is civilly liable to any injured individual or his or her estate for injury to such individual or damage to property suffered, including any action for wrongful death, when the intoxication of the person to whom the social host furnished alcohol was a proximate cause of the injury, death, or property damage and:

    (a) It is proven that the social host knew or reasonably should have known that the person to whom he or she furnished alcohol was intoxicated; and

    (b) The civil action is commenced within one year of the date of furnishing the alcohol.

    (2) It is an affirmative defense to an action brought under this section that the social host had a reasonable belief the person to whom he or she furnished alcohol would not drive a vehicle while under the influence of or affected by the alcohol.

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