Bill Text: CA AB1407 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Liability: social hosts: alcoholic beverages.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2011-10-02 - Chaptered by Secretary of State - Chapter 410, Statutes of 2011. [AB1407 Detail]

Download: California-2011-AB1407-Enrolled.html

---

BILL NUMBER: AB 1407	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN SENATE  JUNE 27, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, Huffman, Monning, and Wieckowski)

                        MARCH 7, 2011

   An act to amend Section 1714 of the Civil Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1407, Committee on Judiciary. Liability: social hosts:
alcoholic beverages.
   Existing law generally prohibits a social host who furnishes
alcoholic beverages to any person from being held legally accountable
for damages suffered by that person, or for injury to the person or
property of, or death of, any 3rd person, resulting from the
consumption of those beverages. Existing law excepts from this
prohibition claims against a parent, guardian, or another adult who
knowingly furnishes alcoholic beverages at his or her residence to a
person under 21 years of age and that furnishing the alcoholic
beverages may be found to be the proximate cause of resulting
injuries or death.
   This bill would revise the exception described above to permit a
claim against a parent, guardian, or another adult for furnishing
alcoholic beverages to a person whom he or she knows, or should have
known, to be under 21 years of age and that furnishing the alcoholic
beverages may be found to be the proximate cause of resulting
injuries or death. The bill would permit a claim pursuant to these
provisions to be brought by, or on behalf of, the person under 21
years of age or by a person who was harmed by the person under 21
years of age.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1714 of the Civil Code is amended to read:
   1714.  (a) Everyone is responsible, not only for the result of his
or her willful acts, but also for an injury occasioned to another by
his or her want of ordinary care or skill in the management of his
or her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or
herself. The design, distribution, or marketing of firearms and
ammunition is not exempt from the duty to use ordinary care and skill
that is required by this section. The extent of liability in these
cases is defined by the Title on Compensatory Relief.
   (b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.
   (c) Except as provided in subdivision (d), no social host who
furnishes alcoholic beverages to any person may be held legally
accountable for damages suffered by that person, or for injury to the
person or property of, or death of, any third person, resulting from
the consumption of those beverages.
   (d) (1) Nothing in subdivision (c) shall preclude a claim against
a parent, guardian, or another adult who knowingly furnishes
alcoholic beverages at his or her residence to a person whom he or
she knows, or should have known, to be under 21 years of age, in
which case, notwithstanding subdivision (b), the furnishing of the
alcoholic beverage may be found to be the proximate cause of
resulting injuries or death.
   (2) A claim under this subdivision may be brought by, or on behalf
of, the person under 21 years of age or by a person who was harmed
by the person under 21 years of age.