SLS 18RS-1849 ORIGINAL
2018 Regular Session
SENATE BILL NO. 538
BY SENATOR WARD
ALCOHOLIC BEVERAGES. Provides relative to exceptions of limitation of liability for
loss connected with sale, serving, or furnishing of alcoholic beverages. (8/1/18)
1 AN ACT
2 To amend and enact R.S. 9:2800.1(E), relative to limitation of liability for loss connected
3 with the sale, serving, or furnishing of alcoholic beverages; to provide relative to
4 exceptions to such limitation of liability; to provide certain terms and conditions; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.1(E) is hereby amended and reenacted to read as follows:
8 ยง2800.1. Limitation of liability for loss connected with sale, serving, or furnishing
9 of alcoholic beverages
10 * * *
11 E. The limitation of liability provided by this Section shall not apply to:
12 (1) any Any person who causes or contributes to the consumption of
13 alcoholic beverages by force or by falsely representing that a beverage contains no
14 alcohol.;or
15 (2) A permitted establishment whose personnel served alcoholic
16 beverages to a purchaser in violation of law or of the establishment's polices or
17 training concerning responsible beverage service and security personnel
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 538
SLS 18RS-1849 ORIGINAL
1 training, and the purchaser's intoxication caused injury to himself or another
2 person.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 538 Original 2018 Regular Session Ward
Present law provides legislative findings that the consumption of alcoholic beverages, rather
than the sale or serving or furnishing of alcoholic beverages, is the proximate cause of injury
or death inflicted by an intoxicated person upon himself or upon a third party.
Present law provides that no social host or person holding a permit to sell alcoholic
beverages, nor any agent, servant, or employee of such person, who sells or serves alcoholic
beverages to a person of lawful age shall be liable to such person or to any other person for
injuries or wrongful death and property damage because of the intoxication of the person to
whom the intoxicating beverages were sold or served.
Present law provides that the limitation on liability shall not apply to any person who causes
or contributes to the consumption of alcoholic beverages by force or falsely representing the
beverage has no alcohol.
Proposed law retains present law and further provides that the limitation of liability shall not
apply to an establishment licensed to sell alcoholic beverages whose personnel served
alcoholic beverages in violation of law or in violation of the establishment's responsible
beverage service and security personnel training, and the purchaser's intoxication caused
injury to himself or another person.
Effective August 1, 2018.
(Amends R.S. 9:2800.1(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.