SS SCS SB 817, 978 & 700 -- Intoxication Torts

Sponsor:  Gross

This substitute limits the tort liability of the sellers of
alcohol for damages caused by persons consuming the alcohol.
Current case law allows any person who is injured by an
intoxicated person to sue the bar or restaurant that furnished
the intoxicated person with the alcohol.  (The Missouri Supreme
Court ruled last year that the statute limiting such liability
was in conflict with Article I, Section 14 of the Missouri
Constitution, which guarantees every person equal access to the
courts.)  The substitute makes the consumption of alcohol, and
not the furnishing of that alcohol, the "proximate cause" of
injuries inflicted upon another by an intoxicated person, with
one exception.  The victim of an intoxicated person may have a
cause of action against a bar or restaurant when the seller sold
the alcohol to a person who is either under 21 or who is
obviously intoxicated, and that unlawful sale of alcohol is the
"proximate cause" of the victim's injury.  The unlawful sale of
alcohol to a person who is under 21 or obviously intoxicated must
be proven beyond a reasonable doubt.

For the purpose of the substitute, a person is "obviously
intoxicated" when inebriated to such an extent that a person's
physical faculties are substantially impaired and the impairment
is shown by significantly uncoordinated physical dysfunction,
that would have been obvious to a reasonable person.

The substitute also requires persons who sell intoxicating drinks
to receive training to recognize visibly intoxicated persons.
Employers are prohibited from discharging an employee for
refusing to service a visibly intoxicated person.

Insurance companies that sell liability insurance which provides
coverage for dram shop liability must report the costs associated
with the coverage to the Department of Insurance.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am