Articles Tagged with alcohol

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.)