HS HB 421 -- INTOXICATION TORTS (Hoppe)

This substitute limits the tort liability of the 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 Missouri Supreme
Court ruled last year that the statute limiting such liability
was in conflict with Article I, Section 14 of the Missouri
Constitution, which guarantees every person equal access to the
courts.)  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.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am