Text: HSB00132                          Text: HSB00134
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 133

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.92, unnumbered paragraph 1, Code
  1  2 2001, is amended to read as follows:
  1  3    Any A person, except a person whose intoxication
  1  4 contributed to the injury, who is injured in person or
  1  5 property or means of support by an intoxicated person or
  1  6 resulting from the intoxication of a person, has a right of
  1  7 action for all damages actually sustained, severally or
  1  8 jointly, against any licensee or permittee, whether or not the
  1  9 license or permit was issued by the division or by the
  1 10 licensing authority of any other state, who sold and served
  1 11 any beer, wine, or intoxicating liquor to the intoxicated
  1 12 person when the licensee or permittee knew or should have
  1 13 known the person was intoxicated, or who sold to and served
  1 14 the person to a point where the licensee or permittee knew or
  1 15 should have known the person would become intoxicated.  If the
  1 16 injury was caused by an intoxicated person, a permittee or
  1 17 licensee may establish as an affirmative defense that the
  1 18 intoxication did not contribute to the injurious action of the
  1 19 person.  The remedy provided by this section shall apply both
  1 20 prospectively, to actions filed on or after July 1, 1992 2001,
  1 21 and retrospectively, to actions pending in trial or appellate
  1 22 courts prior to July 1, 1992 2001.  
  1 23                           EXPLANATION
  1 24    This bill prohibits civil recovery under the dramshop Act
  1 25 by a person whose intoxication contributed to injuries
  1 26 sustained as a result of the person's intoxication.  Current
  1 27 law provides that any person who is injured by an intoxicated
  1 28 person has a right of action for actual damages.  
  1 29 LSB 1584YC 79
  1 30 rh/pj/5

Text: HSB00132                          Text: HSB00134
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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