House File 2007 - Introduced



                                       HOUSE FILE       
                                       BY  ZIRKELBACH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning dram shop liability for injuries sustained by
  2    an intoxicated person.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5041YH 81
  5 ec/je/5

PAG LIN



  1  1    Section 1.  Section 123.92, unnumbered paragraph 1, Code
  1  2 2005, is amended to read as follows:
  1  3    Any person who is injured in person or property or means of
  1  4 support by an intoxicated person or resulting from the
  1  5 intoxication of a person, has a right of action for all
  1  6 damages actually sustained, severally or jointly, against any
  1  7 licensee or permittee, whether or not the license or permit
  1  8 was issued by the division or by the licensing authority of
  1  9 any other state, who sold and served any beer, wine, or
  1 10 intoxicating liquor to the intoxicated person when the
  1 11 licensee or permittee knew or should have known the person was
  1 12 intoxicated, or who sold to and served the person to a point
  1 13 where the licensee or permittee knew or should have known the
  1 14 person would become intoxicated.  However, if the person
  1 15 injured is the intoxicated person, that person shall not have
  1 16 a right of action under this paragraph for any and all damages
  1 17 actually sustained by the intoxicated person due to the
  1 18 injury.  If the injury was caused by an intoxicated person, a
  1 19 permittee or licensee may establish as an affirmative defense
  1 20 that the intoxication did not contribute to the injurious
  1 21 action of the person.  The remedy provided by this section
  1 22 shall apply both prospectively, to actions filed on or after
  1 23 July 1, 1992, and retrospectively, to actions pending in trial
  1 24 or appellate courts prior to July 1, 1992.
  1 25                           EXPLANATION
  1 26    This bill concerns dram shop liability.  The bill provides
  1 27 that a liquor licensee or permittee is not liable for injuries
  1 28 sustained by the intoxicated person to whom the licensee or
  1 29 permittee sold or served alcohol.  The bill retains dram shop
  1 30 liability to any other person injured by the intoxicated
  1 31 person.
  1 32 LSB 5041YH 81
  1 33 ec:rj/je/5