Title 51, Chapter 1, Section 40
( 51-1-40)
(a) The General Assembly finds and declares that the consumption of
alcoholic beverages, rather than the sale or furnishing or serving
of such beverages, is the proximate cause of any injury, including
death and property damage, inflicted by an intoxicated person upon
himself or upon another person, except as otherwise provided in
subsection (b) of this Code section. (b) A person who sells, furnishes, or serves alcoholic beverages to
a person of lawful drinking age shall not thereby become liable for
injury, death, or damage caused by or resulting from the
intoxication of such person, including injury or death to other
persons; provided, however, a person who willfully, knowingly, and
unlawfully sells, furnishes, or serves alcoholic beverages to a
person who is not of lawful drinking age, knowing that such person
will soon be driving a motor vehicle, or who knowingly sells,
furnishes, or serves alcoholic beverages to a person who is in a
state of noticeable intoxication, knowing that such person will soon
be driving a motor vehicle, may become liable for injury or damage
caused by or resulting from the intoxication of such minor or person
when the sale, furnishing, or serving is the proximate cause of such
injury or damage. Nothing contained in this Code section shall
authorize the consumer of any alcoholic beverage to recover from the
provider of such alcoholic beverage for injuries or damages suffered
by the consumer. (c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as defined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully. (d) No person who owns, leases, or otherwise lawfully occupies a
premises, except a premises licensed for the sale of alcoholic
beverages, shall be liable to any person who consumes alcoholic
beverages on the premises in the absence of and without the consent
of the owner, lessee, or lawful occupant or to any other person, or
to the estate or survivors of either, for any injury or death
suffered on or off the premises, including damage to property,
caused by the intoxication of the person who consumed the alcoholic
beverages. |