71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3757
A-Engrossed
Senate Bill 925
Ordered by the Senate March 20
Including Senate Amendments dated March 20
Sponsored by Senator MINNIS (at the request of Oregon Restaurant
Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Provides that patron or guest who voluntarily consumes
alcoholic beverages served by Oregon Liquor Control Commission
licensee or permittee, or by social host, does not have cause of
action against server based on { + statute or + } common law
{ - negligence - } even though alcoholic beverages are served to
patron or guest while patron or guest is visibly intoxicated.
Provides that person who was injured by intoxicated patron or
guest and who brings civil action against alcohol server must
establish by clear and convincing evidence that person did not
substantially contribute to intoxication of patron or guest.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions; and
amending ORS 30.950.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 30.950 is amended to read:
30.950. { + (1) A patron or guest who voluntarily consumes
alcoholic beverages served by a person licensed by the Oregon
Liquor Control Commission, a person holding a permit issued by
the commission or a social host does not have a cause of action,
based on statute or common law, against the person serving the
alcoholic beverages, even though the alcoholic beverages are
served to the patron or guest while the patron or guest is
visibly intoxicated. The provisions of this subsection apply
only to claims for relief based on injury, death or damages
caused by intoxication and do not apply to claims for relief
based on injury, death or damages caused by negligent or
intentional acts other than the service of alcoholic beverages to
a visibly intoxicated patron or guest. + }
{ - (1) - } { + (2) + } { - No - } { + A + } person
licensed by the Oregon Liquor Control Commission, person holding
a permit issued by the commission or social host is { + not + }
liable for damages { - incurred or - } caused by intoxicated
patrons or guests { - off the premises of the licensee,
permittee or social host - } unless { + the plaintiff proves by
clear and convincing evidence that + }:
(a) The licensee, permittee or social host { - has - }
served or provided alcoholic beverages to the patron or guest
while the patron or guest was visibly intoxicated; and
{ - (b) The plaintiff proves by clear and convincing evidence
that the patron or guest was served alcoholic beverages while
visibly intoxicated - }
{ + (b) The plaintiff did not substantially contribute to the
intoxication of the patron or guest by:
(A) Providing or furnishing alcoholic beverages to the patron
or guest;
(B) Encouraging the patron or guest to consume or purchase
alcoholic beverages or in any other manner; or
(C) Facilitating the consumption of alcoholic beverages by the
patron or guest in any manner + }.
{ - (2) - } { + (3) + } Except as provided in subsection
{ - (3) - } { + (4) + } of this section, an action for damages
caused by intoxicated patrons or guests off the premises of a
person licensed by the Oregon Liquor Control Commission, a person
holding a permit issued by the commission or a social host may be
brought only if the person asserting the claim has given the
licensee, permittee or social host the notice required by
subsection { - (4) - } { + (5) + } of this section within the
following time periods:
(a) If a claim is made for damages arising out of wrongful
death, notice must be given within one year after the date of
death, or within one year after the date that the person
asserting the claim discovers or reasonably should have
discovered the existence of a claim under this section, whichever
is later.
(b) If a claim is made for damages for injuries other than
wrongful death, notice must be given within 180 days after the
injury occurs, or within 180 days after the person asserting the
claim discovers or reasonably should have discovered the
existence of a claim under this section, whichever is later.
{ - (3) - } { + (4) + } The time provided for the giving of
notice under subsection { - (2) - } { + (3) + } of this
section does not include any period during which:
(a) The claimant is under 18 years of age;
(b) The claimant is unable to give notice by reason of the
injury or by reason of being financially incapable, as defined in
ORS 125.005, or is incapacitated, as defined in ORS 125.005; or
(c) The claimant is unable to determine that the licensee,
permittee or social host is liable because the patron or guest
who caused the damages asserts a right against self-incrimination
and cannot be compelled to reveal the identity of the licensee,
permittee or social { - guest - } { + host + }, or cannot be
compelled to reveal facts that would establish the liability of
the licensee, permittee or social { - guest - } { + host + }.
{ - (4) - } { + (5) + } A licensee, permittee or social
host shall be considered to have been given notice for the
purposes of this section if:
(a) The licensee, permittee or social host is given formal
notice in the manner specified in subsection { - (5) - } { +
(6) + } of this section;
(b) The licensee, permittee or social host receives actual
notice as described in subsection { - (6) - } { + (7) + } of
this section;
(c) An action is commenced by or on behalf of the claimant
within the period of time specified by subsections { - (2) - }
{ + (3) + } and
{ - (3) - } { + (4) + } of this section; or
(d) Any payment on the claim is made to the claimant by or on
behalf of the licensee, permittee or social host.
{ - (5) - } { + (6) + } Formal notice of a claim subject to
this section must be in writing, must be mailed to the licensee,
permittee or social host, or personally served on the licensee,
permittee or social host, and must contain all of the following:
(a) A statement that a claim for damages is made against the
licensee, permittee or social host.
(b) A description of the time, place and circumstances giving
rise to the claim, so far as known to the claimant.
(c) The name of the claimant and mailing address for the
claimant to which correspondence regarding the claim may be
mailed.
{ - (6) - } { + (7) + } For the purposes of this section,
'actual notice ' means any communication to a licensee, permittee
or social host that gives the licensee, permittee or social host
actual knowledge of the time, place and circumstances of the
claim, if the communication is such that a reasonable person
would conclude that a particular person intends to assert a claim
against the licensee, permittee or social host.
SECTION 2. { + The amendments to ORS 30.950 by section 1 of
this 2001 Act apply only to causes of action arising on or after
the effective date of this 2001 Act. + }
----------