Articles Posted in Wrongful Death

beer-on-painted-table-1140847.jpg Generally bar owners and operators in California cannot be held civilly liable for the acts done by their patrons while intoxicated. Liability that is extended to bar owners for the actions of their patrons is known as “dram shop” laws. Laws that protect the bar owners is known as “anti-dram shop” laws. In California, the general rule is that owners and operators of bars cannot be held civilly liable for the acts done by their patrons while intoxicated. (see Cal. Business & Professions Code §25602) However, there are limited exception, one of which is servicing minors alcoholic beverages.(see Cal. Business & Professions Code §25602.1)

Busiåness and Professions Code section 25602.1 reads, “a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to Section 23300,. . . who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage . . . to any obviously intoxicated minor (emphasis added) where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.” (Bus. & Prof. Code, § 25602.1.)

This means that the provider of alcohol must use reasonable care to ensure the person receiving the alcohol is not an “obviously intoxicated” minor. (Schaffield v.Abboud (1993) 15 Cal.App.4th 1133, 1141.) Under this section the term “minor” means someone under 21. (Rogers v. Alvas (1984) 160 Cal.App.3d 997, 1004.)

On Christmas Eve 2013, a 9 year old Manteca Girl was died as a result of a car accident in Escalon, California, just north of Modesto. As reported by the Modesto Bee, nine year old Mariah Izzo of Manteca, California suffered fatal injuries when the Toyota Rav-4 in which she was riding with her aunt at the wheel was rear ended at 35 MPH by another driver, after the light at which they were stopped turned green. Although alcohol and drugs have been ruled out as a contributing factor to the cause of this crash, a determination of the actual cause has yet to be made. It seems, however, that this collision is of a type that could have been avoided by the exercise of due care. The family is devastated which can be sensed in the video posted on youtube celebrating the life of Mariah Izzo.

Family Raising Money To Pay For Her Death And Medical Expenses