Alabama House Bill HB158

Alabama 2023 Regular Session

• Introduced: 3/21/23
• Refer: 3/21/23
• Report Pass: 4/5/23

Caption

Relating to civil liability; to amend Section 6-5-71, Code of Alabama 1975, to further provide for the right of action for injuries resulting from the illegal furnishing of alcoholic beverages, by basing liability for a person who illegally furnishes alcoholic beverages to an individual who injures a third party on what the furnisher knew or should have known under the circumstances; to specify when the right of action is not available; and to provide legislative intent.

Impact

If enacted, HB158 will significantly alter the legal landscape surrounding alcohol service in Alabama. By moving towards a negligence-based standard, the bill aims to protect sellers and furnishers from being automatically held liable for injuries resulting from the actions of intoxicated patrons. Proponents of the bill argue that it will encourage responsible serving practices without imposing undue risk on businesses. However, opponents express concern that this new standard may diminish accountability and potentially lead to an increase in alcohol-related incidents, as businesses may feel less compelled to monitor the state of intoxication of their customers.

Summary

House Bill 158 aims to amend Section 6-5-71 of the Code of Alabama 1975, focusing on civil liability for sellers or furnishers of alcoholic beverages. The bill proposes a shift from strict liability to a negligence standard, where liability is based on what the seller or furnisher knew or should have known regarding the intoxication level of the customer. This change seeks to clarify the legal responsibilities of businesses that serve alcohol, particularly concerning injuries caused by intoxicated patrons. Additionally, the bill maintains that social hosts who serve alcohol to individuals of legal drinking age will not be held liable for any resulting injuries, providing them with certain protections under the law.

Contention

The transition to a negligence standard is a central point of contention regarding HB158. Critics argue that if sellers are only liable when they know or should have known that a customer was visibly intoxicated, it could lead to situations where intoxicated individuals are over-served, resulting in more harm to both the patrons and the public. Furthermore, the decision to exempt social hosts from liability, while protecting private individuals who serve alcohol, raises questions about whether this could create loopholes that might be exploited, leading to more incidents of intoxication and related injuries.