ASSEMBLY, No. 2041

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Assemblymen CARROLL and BUCCO

An Act concerning liability for alcohol consumption and amending P.L. 1987, c.152.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 5 of P.L. 1987, c.152 (C. 2A:22A-5) is amended to read as follows:

    5. a. A person who sustains personal injury or property damage as a result of the negligent service of alcoholic beverages by a licensed alcoholic beverage server may recover damages from a licensed alcoholic beverage server only if:

    (1) The server is deemed negligent pursuant to subsection b. of this section; and

    (2) The injury or damage was proximately caused by the negligent service of alcoholic beverages; and

    (3) The injury or damage was a foreseeable consequence of the negligent service of alcoholic beverages.

    b. A licensed alcoholic beverage server shall be deemed to have been negligent only when the server served a visibly intoxicated person, or served a minor, under circumstances where the server knew, or reasonably should have known, that the person served was a minor.

    c. An adult who becomes intoxicated and sustains personal injury or property damage as a result of his actions while intoxicated shall be prohibited from instituting a civil action for damages against any licensed alcohol beverage server who served or provided the person with alcohol.

(cf: P.L. 1987, c. 152, s. 5)

    2. This act shall take effect immediately.

STATEMENT

    This bill would prohibit civil actions for damages by adults who become intoxicated against a licensed alcoholic beverage server. This bill does not affect the current liability of a licensed alcoholic beverage server for damages sustained by a third party as a result of injuries caused by the negligent service of alcoholic beverages to a visibly intoxicated person.

Bars civil actions for damages by intoxicated persons against licensed alcoholic beverage servers.