§ 6-5-71 — Right of Action for Injuries Resulting from the Illegal Furnishing of Alcoholic Beverages

Alabama § 6-5-71

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 5: Actions
• Art. 6: Illegal Liquor and Drug Sales; Penalties

Text

(a)(1) A person who sells, furnishes, or serves alcoholic beverages to an individual of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of that individual, including injury or death to other individuals; provided, however, every spouse, child, parent, or other individual who shall be injured in person, property, or means of support by any intoxicated individual shall have a right of action for all damages actually sustained as well as exemplary damages against any person who knowingly sells, furnishes, or serves alcoholic beverages to an individual contrary to the provisions of law, who was visibly intoxicated, when the sale, furnishing, or serving is the proximate cause of such injury or damage.
(2) For purposes of this section, “knowingly” means knew or should have known under the circumstances.
(b) Upon the death of any party, the action or right of action will survive to or against the party’s personal representative.
(c) The party injured, or the party’s legal representative, may commence a joint or separate action against the individual intoxicated or the person who furnished the alcoholic beverages, and the claims shall be by civil action in any court having jurisdiction thereof.
(d) Evidence sufficient to establish that an individual was visibly intoxicated as set forth in subdivision (a)(1) shall be based on the totality of the circumstances present at the time of service of the alcoholic beverages to the individual. The evidence must either be by direct evidence or, if circumstantial, must not require or allow the finder of fact to speculate.
(e) Nothing contained in this section shall authorize the consumer of any alcoholic beverage to recover from the provider of the alcoholic beverage for injuries or damages suffered by the consumer caused by the consumer’s ingestion of alcohol.

Legislative History

(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122; Act 2023-25, §1.)