HCS SS SCS SB 433 & 248 -- INTOXICATION TORTS

CO-SPONSORS:  Kinder, Gross (Hoppe)

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

This substitute limits the tort liability of sellers of alcohol
for damages caused by persons consuming the alcohol.  Current
case law allows any person who is injured by an intoxicated
person to sue the bar or restaurant that furnished the
intoxicated person with the alcohol.  The substitute makes the
consumption of alcohol -- and not the furnishing of that alcohol
-- the "proximate cause" of injuries inflicted upon another by
an intoxicated person, with one exception.  The victim of an
intoxicated person may have a cause of action against a bar or
restaurant when the seller sold the alcohol to a person who is
either under 21 or who is obviously intoxicated and that
unlawful sale of alcohol is the proximate cause of the victim's
injury.  The unlawful sale of alcohol to a person who is under
21 or obviously intoxicated must be proven beyond a reasonable
doubt.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that insurance premiums are
excessive for bars and restaurants.  The bill will ensure that
Missouri's tourism business will continue to grow.  Bars will
continue to train their employees on serving intoxicating
beverages.

Testifying for the bill were Senator Gross; Bill Grigsby;
Missouri Restaurant Association; Missouri Hotel and Motel
Association; Missouri Chamber of Commerce; and Missouri
Retailers Association.

OPPONENTS:  Those who oppose the bill say that the bill is not
balanced.

Testifying against the bill were Missouri Association of Trial
Attorneys.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am