Liability for sale of alcohol to an impaired customer; injury to another person.
The introduction of SB230 is significant as it allows injured parties to seek damages from retailers who may have contributed to the impairment of drivers through negligent alcohol sales. This could potentially lead to a shift in how alcohol retailers manage their sales practices, including the implementation of more rigorous training for employees regarding state laws on serving alcohol, checking identification, and assessing customer intoxication.
SB230 amends the Code of Virginia to introduce a new provision regarding the liability of retail licensees related to the sale of alcoholic beverages. The bill specifies that if a licensee sells alcohol to a customer, and that customer subsequently causes injury while driving impaired, the licensee can be held liable if the sale was made negligently. This establishes a framework for legal action by 'aggrieved parties' – individuals who sustain injuries or damage caused by the impaired customer, excluding the impaired driver themselves.
Notable points of contention surrounding SB230 include concerns from the retail community about increased liability and the burden of proof placed upon licensees. Retailers may argue that the requirement to demonstrate 'good practices' could impose additional operational costs and complexities. Opponents of the bill might also raise concerns about fairness, as it places some blame on retailers for actions taken by customers after they leave the premises, challenging traditional notions of personal responsibility.