Bill Text: DE SB243 | 2009-2010 | 145th General Assembly | Draft

Delaware Senate Bill 243 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To Dram Shop Liability.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-06-30 - Stricken [SB243 Detail]

Download: Delaware-2009-SB243-Draft.html

SPONSOR:	Sen. Peterson & Rep. Oberle
	Sen. Sokola

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 243

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DRAM SHOP LIABILITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Title 4, Delaware Code by adding a new section 728, to read as follows:

"�728.Dram Shop; Seller liability for damages by intoxicated person.

If any person or holder of a license, individually, or through an agent, intentionally or recklessly sells any alcoholic liquor to an intoxicated person who consumes the liquor on premises, and such purchaser, in consequence of such intoxication, thereafter kills or injures the person or damages property of another, such seller is liable for damages to the person or persons injured or killed.This Section shall only apply to the sale of alcoholic liquor for on premises consumption."

Section 2.This Act shall be known as "Shaun's Law".

SYNOPSIS

This Bill, known as "Shaun's Law", creates dram shop liability under the limited circumstances of when a bar or restaurant, intentionally or recklessly sells alcohol to an intoxicated person for on premises consumption, and that person later injures or kills an innocent party.Delaware courts examining whether sellers of alcohol are liable for injuries to third persons have consistently recognized that a bar owner could not be found liable absent a statutory cause of action.This Bill creates such a cause of action, but only under the limited circumstances of intentional and reckless conduct by bar or restaurant personnel.

Author:Senator Peterson