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))