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341 W 2nd St, Ste 4, San Bernardino, CA 92401

“Those who supply alcoholic beverages to a person may be liable for injuries sustained by that person or by third persons as a proximate result of the alcohol consumption. Liability is predicated on the general principle that persons are responsible for injuries legally caused by their willful or negligent acts. Most of these suits attempt to hold the provider liable on a negligence theory. But the failure to exercise due care by providing alcoholic beverages does not make out a prima facie negligence case absent a showing defendant owed the injured plaintiff a duty of due care. Even assuming a prima facie negligence case can be established, the alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages (“dramshops”). A parent, guardian or other adult who knowingly furnishes alcoholic beverages at the adult’s residence to a person whom the adult knows or should have known to be under age 21 may be liable, to the underage person or someone harmed by the underage person, for injury or death proximately caused by furnishing of the alcoholic beverages. Persons licensed (or required to be licensed) to sell alcohol who furnish alcohol to any obviously intoxicated person under age 21; and Any other persons who sell alcohol to an obviously intoxicated person under age 21.”

[California Practice Guide: Personal Injury [certain citations omitted]]


Post Author: lawofficesofjamesrdickinson