SLS 18RS-1849 ENGROSSED
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 that is also licensed pursuant to Chapters
16 4 and 5 of Title 27 of the Louisiana Revised Statues of 1950 and whose personnel
17 served alcoholic beverages to a purchaser in violation of law or of the
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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 ENGROSSED
1 establishment's polices or training concerning responsible beverage service and
2 security personnel training, and the purchaser's intoxication caused injury to
3 himself or another person.
The original instrument was prepared by Xavier I. Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ashley Menou.
DIGEST
SB 538 Engrossed 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 that is also licensed to conduct
riverboat gaming or operate the land-based casino and 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Limits the provisions of proposed law to establishments licensed to conduct
riverboat gaming or licensed to operate land-based gaming.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.