Montana 2023 Regular Session

Montana Senate Bill SB107

Introduced
1/4/23  
Refer
1/4/23  
Engrossed
1/20/23  
Refer
2/2/23  
Enrolled
4/7/23  

Caption

Revising laws relating to civil liability for injuries involving alcohol

Impact

SB107 is expected to significantly alter the legal landscape around alcohol-related injuries within the state. The bill establishes statutory criteria, which means that claims for injuries involving alcohol consumption can only be made under the guidelines laid out in the bill. This will potentially reduce the number of lawsuits against establishments that serve alcohol, as most claims would not hold unless it can be proven that the vendor violated the established legal criteria, such as knowingly serving an underaged or intoxicated individual. The bill intends to limit the liability exposure of bars and restaurants, promoting a more business-friendly environment.

Summary

Senate Bill 107 (SB107) focuses on revising laws concerning civil liability for injuries related to alcohol consumption. This legislation provides clear definitions and legal frameworks for who can be held liable when injuries result from an individual consuming alcoholic beverages. Under SB107, it is specified that a person or entity that furnishes alcohol cannot be held civilly liable for injuries sustained as a result of that alcohol consumption except under specific circumstances such as serving alcohol to a minor or to a visibly intoxicated person. This attempt to clarify liability aims to protect vendors and establishments from being held accountable except in these clearly defined situations.

Sentiment

The sentiment around SB107 seems to reflect a split between those advocating for business protections and those expressing concerns about public safety. Proponents believe that this legislation will lead to less litigation against responsible establishments, thereby supporting local business and economic activity. Conversely, opponents argue that the bill could enable irresponsible serving practices, thereby increasing risks to public safety if establishments do not feel accountable for the actions of their patrons once they leave the premises.

Contention

Notable points of contention include the provisions around punitive damages, as SB107 sets a cap on damages that can be claimed in such civil actions. This has sparked debate regarding the adequacy of compensation for victims of alcohol-related incidents, particularly in cases where severe negligence is evident. Lawmakers and community members raised questions about whether the bill sufficiently protects the community from potential harms caused by intoxicated individuals and whether limiting civil recourse undermines accountability.

Companion Bills

No companion bills found.

Previously Filed As

MT HB158

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.

MT SB104

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.

MT H3497

Liquor liability

MT H0288

An act relating to liability for the sale of alcoholic beverages

MT HB3513

Relating to standards of liability and insurance requirements in certain civil actions

MT SB334

Relating To Civil Liability.

MT S0244

Tort Reform

MT SF2425

A bill for an act relating to civil liability and associated insurance requirements of alcoholic beverage licensees or permittees who also sell or serve consumable hemp products.(Formerly SSB 3195.)

MT H3849

Tort Reform

MT H3430

Tort Reform and Liquor Liability

Similar Bills

No similar bills found.