HB 421 -- INTOXICATION TORTS

CO-SPONSORS:  Graham, Farnen, Dempsey, Ostmann, Gambaro,
Portwood, McKenna

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government and Related Matters by a vote of 17 to 0 with 1
present.

Under current law, persons licensed to sell intoxicating
beverages cannot be held liable for injuries to others inflicted
by persons who purchase those intoxicating beverages unless the
person licensed to sell intoxicating beverages is first
convicted of selling them to a person under age 21 or to an
obviously intoxicated person.  The Missouri Supreme Court ruled
that these exceptions were unconstitutional.  This bill deletes
those exceptions.  The bill also clarifies that social hosts who
serve or furnish intoxicating beverages to persons who may
legally consume them cannot be held liable for injuries to
others off the social hosts' premises inflicted by the persons
to whom the intoxicating beverages were served or furnished.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the courts have overridden
legislative intent.  After the court decision, everyone could be
held liable.  Bars do not always know when people are
intoxicated.  Liability insurance has tripled since the court
decision.  Up to 70% of bars do not insure.  Liability needs to
be on the intoxicated person.  This legislation will not shield
bar owners who serve an intoxicated person.  Bartenders are
trained to be responsible and monitor persons who are drinking
too much.

Testifying for the bill were Representatives Graham and Dempsey;
Missouri Restaurant Association; Johnny's Beanery; Missouri
Retailers Association; Missouri Grocers Association; Missouri
Association of Beverage Retailers; Missouri Hotel and Resort
Association; Anheuser Busch; and Missouri Beer Wholesalers.

OPPONENTS:  Those who oppose the bill say that bartenders are
sometimes careless.  Many bars are only interested in making
money.  The victim must have a remedy when a bar serves to an
intoxicated person.  Liquor establishments must be responsible.
The way the bill is written the only person liable is the
intoxicated person.  Victims will be affected by this law.  This
issue is a community health problem.  The entire community is at
risk from intoxicated persons.

Testifying against the bill were Mothers Against Drunk Drivers;
Maria Kilmer; Missouri Association of Trial Attorneys; and ACT
Missouri.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am