Bill Text: CA AB2486 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 2486 (Prior Session Legislation)

Bill Title: Social host liability: furnishing alcohol to underage

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2010-08-18 - Chaptered by Secretary of State - Chapter 154, Statutes of 2010. [AB2486 Detail]

Download: California-2009-AB2486-Chaptered.html

BILL NUMBER: AB 2486	CHAPTERED
	BILL TEXT

	CHAPTER  154
	FILED WITH SECRETARY OF STATE  AUGUST 18, 2010
	APPROVED BY GOVERNOR  AUGUST 18, 2010
	PASSED THE SENATE  JULY 1, 2010
	PASSED THE ASSEMBLY  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Feuer
   (Principal coauthor: Assembly Member Tran)
   (Principal coauthor: Senator Harman)
   (Coauthors: Assembly Members Brownley, Carter, Evans, Monning, and
Nava)

                        FEBRUARY 19, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2486, Feuer. Social host liability: furnishing alcohol to
underage persons.
   Under existing law, a social host who furnishes alcoholic
beverages to any person may not be 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.
   This bill would provide that these provisions do not preclude a
claim 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,
as provided.


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) 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 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.