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
The enactment of SB104 is set to impact how civil liability cases are handled in Alabama, particularly with regard to injuries involving intoxication from alcoholic beverages. It explicitly states that individuals injured by intoxicated persons have a right to claim damages against those who knowingly furnish alcohol in violation of legal provisions. Importantly, the bill clarifies that this new framework does not extend to social hosts serving alcohol to individuals of legal drinking age, which many supporters view as a protective measure against overreach.
Summary
SB104 amends Section 6-5-71 of the Code of Alabama 1975 to establish a new standard of liability for damages arising from the illegal furnishing of alcoholic beverages. This bill aims to create clarity regarding the circumstances under which a person can be held liable for injuries related to intoxication. By replacing a strict liability standard set in a previous court case with a new standard, the bill specifies that liability hinges on what a furnisher knew or should have known at the time of service. This creates a more contextual basis for determining responsibility in cases of intoxication-related injuries.
Sentiment
The sentiment around SB104 has generally been positive among legislators advocating for clearer legal frameworks concerning alcohol liability, viewing it as a necessary reform. The bill has received unanimous support in voting sessions, suggesting a strong bipartisan consensus. However, there is a sense of caution among some stakeholders who worry about the implications of the new liability standard, particularly concerns that it could lead to more litigation in cases where injuries arise from alcohol consumption.
Contention
Despite its broad support, SB104 does not escape contention. Advocates for public health and consumer protection express concerns about how changing the standard might affect future cases of liability involving alcohol. They argue that any alteration to the existing standards could lead to loopholes that may be exploited by negligent parties. Nevertheless, the bill aims to maintain a balanced approach by restricting its application to cases where the furnisher acted knowingly in violation of the law.
Relating to civil liability; to amend Section 6-5-332, Code of Alabama 1975, to limit the liability of members of any community emergency response team who perform emergency care at the scene of an accident or disaster.
Police dogs; emergency medical services personnel authorized to provide medical care and transport to those injured in line of duty; immunity from liability therefor provided
Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style
Open house parties, owners of residences, prohibited from allowing persons under the age of 21 have alcohol or illegal drugs, requirement that owner be present deleted, enforcement further provided