This analysis is not provided as a legal reference, instead it should be used for general information purposes.

Alabama

Ala. Code 1975 § 6-5-71

Civil and Criminal Liability

Alabama statute allows for anyone who suffers bodily injury, property damage, or loss of support caused by an intoxicated person has a legal right of action against a person who sold, gave, or disposed of any alcoholic beverages and in effect caused the intoxication of the person who caused the damage for all damages actually sustained, as well as exemplary damages. The injured party may also file suit against the person who was intoxicated and caused the loss.

Alaska

AS §§ 04.21.020, 04.16.030

Civil and Criminal Liability

A person who provided alcoholic beverages to another may not be held civilly liable for injuries resulting from their intoxication unless the person holds a license to sell alcohol, or works as an agent of an entity that has a license to sell alcohol, and provides alcoholic beverages to a person who is already considered legally drunk or to a person under the legal drinking age unless the licensee secures in good faith from the patron a signed statement, or drivers' license that indicates that the person is over the legal drinking age.

Arizona

A.R.S. §§ 4-301, 4-311, 4-312

Civil Liability

A social host not carrying a license is not liable for bodily injury, death, or property damage caused by reason of the supply or serving of alcohol to a person of the legal drinking age. A license holder may be found liable for damages if they (1) sold alcohol to someone who was obviously intoxicated, or under the legal drinking age without requesting proof of age verification, (2) if the purchaser consumed the alcohol and (3) the consumption was a proximate cause of the damages caused. The licensee isn't liable for bodily injury or damages that happen to the intoxicated individual, or to people who were present with the intoxicated person while the alcohol was consumed and who knew of their impaired condition.

Arkansas

Ark. Stat. Ann. §§ 16-126-103 through 16-126-105

Civil Liability

An alcoholic beverage retailer can be held liable for damages if it can be proven that the retailer knowingly sold alcohol to a minor, or a person who is visibly intoxicated, and the sale was the proximate cause of any damages caused by that visibly intoxicated person or by or to that minor.

California

Cal. Bus. & Prof. Code §§ 25602, 25602.1

Civil and Criminal Liability

Selling or giving an alcoholic beverage to a common drunkard or to a person who is obviously intoxicated is a misdemeanor. Despite this, a person who sells or gives an alcoholic beverage to a drunk or someone who is obviously intoxicated is civilly liable to an injured person or the estate of such a person for injuries inflicted on that person as a result of the intoxication of the consumer of the alcoholic beverage. If an obviously intoxicated minor causes death or injury, the person who supplied that minor with alcohol is liable for that death or injury, if the intoxication is the proximate cause of the death or injury.

Colorado

Colo. Rev. Stat. Ann. §§ 12-47-801, 13-21-103

Civil or Criminal Liability

The seller or furnisher of alcoholic beverages are not liable for injury or death caused by an intoxicated person unless they furnished the alcoholic beverages to that person and that person is under the age of 21 and visibly intoxicated. A social host who furnishes an alcoholic beverage is not liable unless it is proven that the person served was under the age of 21.

Connecticut

Conn. Gen. Stat. Ann. § 30-102

Civil Liability

If a person sells alcoholic beverages to an intoxicated person and the purchaser, as a consequence of his intoxication, injuries the person or property of another, the seller may be legally liable for paying damages to the injured party up to $250,000. If the intoxicated person is over 21 years of age, no cause of action exists for an injured party.

Delaware

Del. Code Ann. tit. 4, § 706

Criminal Liability

An establishment with a liquor license shall refuse to sell or serve alcoholic liquors to any individual if that individual is intoxicated or appears to be intoxicated. The licensee shall not be liable for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal is based on this law, tit. 4 § 706.

District of Columbia

D.C. Code Ann. § 25-781

Criminal Liability

An establishment with a liquor license shall refuse to sell or serve alcoholic liquors to any individual if that individual is intoxicated or appears to be intoxicated. The licensee shall not be liable for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal is based on this law, tit. 4 § 706.

Florida

Fla. Stat. § 768.125

Civil Liability

So long as the drinker is of a lawful drinking age, the person who sells alcohol to that drinker is not liable for injury or damage resulting from the intoxication of the person unless the drinker is not of a legal drinking age or the seller of the alcoholic beverage knows the drinker is habitually addicted to the use of alcoholic beverages.

Georgia

Ga. Code Ann., §§ 51-1-18, 51-1-40

Civil Liability

The parent or guardian of a underage child have a right of action against any person who sells or furnishes alcohol to the underage child without permission of the parent.

Seller or provider of alcohol is not liable for injury or property damage caused by customer intoxication unless the person who causes that damage was known to soon be driving a motor vehicle and was either a minor or obviously intoxicated.

Guam

Not Specified

Hawaii

Not Specified

Idaho

Idaho Code Ann. § 23-808

Civil Liability

The server of the alcoholic beverages is not legally liable for injury or property damage caused by an intoxicated person unless the intoxicated person was younger than the legal age and the person who sold or furnished the alcoholic beverages knew or should have known that the intoxicated person was under the legal age, or if the intoxicated person was obviously intoxicated at the time or the person selling or tendering the alcoholic beverages should have known that the intoxicated person was obviously intoxicated.

Illinois

Ill. Rev. Stat. ch. 235, §5/5-21

Civil Liability

The person who sells or tenders the alcohol will not be found legally liable unless the person who caused the injury or property damage was intoxicated at the time the damage occurred, the vendor sold or gave alcohol to the intoxicated person who consumed it, the alcohol consumed by the intoxicated person caused his intoxication, the injuries resulted because of the intoxication, and the injured party suffered injury or property damage. A social host is not liable for providing alcohol at a party or other event.

Indiana

Ind. Code §§ 7.1-5-10-14, 7.1-5-10-15, 7.1-5-10-15.5

Civil and Criminal Liability

Selling or furnishing alcoholic beverages to a person who is obviously intoxicated is a Class B misdemeanor. It is unlawful to sell or furnish alcoholic beverages to a person whom he knows to be a habitual drunkard. It is unlawful for a person to sell or furnish an alcoholic beverage to another person who is intoxicated, if the first person knows the second is intoxicated.

Iowa

Iowa Code §§123.49, 123.92

Civil Liability

May not serve alcoholic beverages to an obviously intoxicated person, or one simulating intoxication. No person selling or furnishing alcoholic beverages is not civilly liable for injury or property damage caused by an intoxicated person they served. If anyone serves or furnishes alcoholic beverages to an intoxicated or underage person if they knew or should have known that person was intoxicated or underage.

Kansas

Not specified

Kentucky

Ky. Rev. Stat. Ann. § 413.241

Civil Liability

Kentucky has determined that consuming intoxicating beverages (rather than furnishing or sale of the beverages) is the proximate cause of any injury or property damage inflicted by an intoxicated person.

Louisiana

La. Stat. Ann. § 9:2800.1

Civil Liability

Consumption of alcoholic beverages, rather than the sale, is the proximate cause of any injury or property damage inflicted by an intoxicated person on himself or another person. No one serving or furnishing alcohol to a person over the legal age of consumption is liable to an injured person because of the intoxication of the person to whom the beverages were sold or served. The insurer of the intoxicated person is liable for injuries to third persons.

Maine

Me. Rev. Stat. Ann. tit. 28-A, §2501-2520

Civil Liability

Someone who negligently serves liquor to a minor, or a visibly intoxicated individual will be liable for damages proximately caused by that individuals' consumption of liquor. If the server knew or should have known that the individual being served is either a minor or visibly intoxicated. A server is not charged with knowledge of an individual's consumption of liquor off the servers premises unless it is obvious from their appearance or behavior that they are intoxicated. Damages may be awarded for property damage or bodily injury or death.

Maryland

Not specified

Massachusetts

Mass. Gen. Laws Ann. ch. 231, §85T, 60J and ch. 138 §69

Civil and Criminal Liability

No intoxicated person who causes injuries to himself may maintain an action against the alcohol serving entity unless willful, wanton, or reckless conduct is present. No alcoholic beverages should be served to an intoxicated person. If an intoxicated person is served, action in the superior court shall proceed.

Michigan

Mich. Comp. Law. § 436.1801 et. seq.

Civil and Criminal Liability

Shall not sell or furnish liquor to a minor or to a person who is visibly intoxicated. A person who suffers personal injury or damage by a minor or visibly intoxicated person by reason of unlawful selling or furnishing of the alcohol, if the unlawful sale is found to be the proximate cause of the damage or injury, the injured party has a right of action against the person who sold or furnished the alcohol that caused the intoxication.

Minnesota

Minn. Stat. § 340A.801 et seq.

Civil Liability

A person who is injured or suffers property damage by an intoxicated person has a right of action for all damages sustained against the person who illegally sold or furnished the alcohol to the intoxicated person.

Mississippi

Miss. Code Ann. § 67-3-73

Civil Liability

Consumption of alcoholic beverages, not serving or furnishing, is the proximate cause of injury or property damage. So long as the alcohol is legally sold and the injury is suffered off of the licensed premises, the liability falls with the intoxicated person.

Missouri

Mo. Rev. Stat. § 537.053

Civil and Criminal Liability

Furnishing or selling alcoholic beverages is not the proximate cause of injuries inflicted by an intoxicated person, unless the seller knew or should have known that the alcohol was being sold or furnished to a person who is underage, in a state of intoxication, or a habitual drunkard.

Montana

Mont. Code Ann. §27-1-710

Civil Liability

A person or entity furnishing an alcoholic beverage may not be found liable for injury or damage arising from an event involving the consumer unless the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age, if the consumer was visibly intoxicated, or if the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.

Nebraska

Neb. Rev. Stat. § 53-401

Civil Liability

A person who sustains injury or property damage as a proximate result of negligence of an intoxicated minor shall have a cause of action against a retailer who sold alcoholic liquor to the minor.

Nevada

Nev. Rev. Stat. § 41.1305

Civil Liability

A person who sells or furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold or furnished as a result of the consumption of the alcoholic beverage.

New Hampshire

N.H. Rev. Stat. Ann. § 507-F:1 et seq.

Civil Liability

Service of alcoholic beverages to a minor or to an intoxicated person is negligent if the server knows or should have known that the person being served is a minor or is obviously intoxicated. Action can only be brought when the service of alcoholic beverages is reckless.

New Jersey

N.J. Rev. Stat. § 2A:22A-4

Civil Liability

A person who sustains personal injury or property damage as a result of negligent service of alcoholic beverages may recover damages from the server only if the server is deemed negligent, the injury was proximately caused by the negligent service of alcoholic beverages, and the injury was a foreseeable consequence of the negligent service of alcoholic beverages. A licensed server shall only be deemed to have been negligent 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.

New Mexico

N.M. Stat. Ann. §§ 41-11-1, 60-7A-16

Civil and Criminal Liability

No civil liability for serving alcohol unless the receiver of the alcohol was obviously intoxicated, it is reasonably apparent that they are intoxicated, or the seller knew or should have known from the circumstances that the purchaser was intoxicated.

New York

N.Y. General Obligations Law § 11-100

Civil Liability

A person injured by reason of intoxication or impairment of a person under the age of 21 shall have a right to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully providing alcoholic beverages to such person with knowledge or reason to believe the person was under the age of 21.

North Carolina

N.C. Gen. Stat. § 18B-120 et. seq.

Civil Liability

An aggrieved party has a claim for relief for damages if the server negligently sold or furnished an alcoholic beverage to an underage person and the consumption of that alcoholic beverage caused the underage driver's being subject to an impairing substance at the time of the injury, and the injury that resulted was proximately caused by the underage driver's negligent operation of the vehicle while impaired.

North Dakota

N.D. Cent. Code §5-01-06.1

Civil Liability

Anyone injured by an obviously intoxicated person has a claim against any seller or furnisher of alcohol to a person known to be under the age of 21, an incompetent, or an obviously intoxicated person.

N. Mariana Island

Statutes Unavailable

Ohio

Ohio Rev. Code Ann. § 4301.69

Civil Liability

No person who suffers bodily injury or property damage as a result of the actions of an intoxicated person has any case against the liquor permit holder who provided the alcohol unless the damage occurred on the premises or in the parking lot of the liquor permit holder and was proximately caused by the negligence of the permit holder. A person has a cause of action against a permit holder for damage caused by the negligent actions of an intoxicated person happening away from the permit holders premises only if the permit holder knowingly sold an intoxicating beverage to either a noticeably intoxicated person or a person who is under the legal drinking age.

Oklahoma

Not specified

Oregon

Or. Rev. Stat. § 471-565

Civil and Criminal Liability

No cause of action based on statute or common law against the person serving alcoholic beverages even though the person is visibly intoxicated, unless it can be proven by clear and convincing evidence that the guest was visibly intoxicated, and the plaintiff did not substantially contribute to the intoxication of the intoxicated individual. No seller or furnisher of alcoholic beverages is liable to an injured third party injured by or through persons under the age of 21 years who obtained alcoholic beverages from the seller or furnisher unless it is demonstrated that a reasonable person would have determined that identification should have been requested or that the identification that was exhibited was altered or did not accurately describe the person to whom the liquor was served. Serving alcohol to a person who is obviously intoxicated is prohibited

Pennsylvania

Pa. Stat. tit. 47 §4-497

Civil and Criminal Liability

Not liable unless the customer who inflicts the damages was sold, furnished, or given alcoholic beverages when the said customer was visibly intoxicated, or was a minor.

Puerto Rico

Not specified

Rhode Island

R.I. Gen. Laws §3-14-1 et. seq.

Civil Liability

Negligent sale of liquor to a minor or to a visibly intoxicated person, or if the seller knows or should have known that the customer was a minor or was legally intoxicated, will become liable for damages proximately caused by the consumption of the liquor.

South Carolina

Not Specified

South Dakota

S.D. Codified Laws Ann. §§ 35-4-2, 35-4-78, 35-9-1, 35-9-1.1, 35-11-1

Civil and Criminal Liability

No server is civilly liable to any injured person for bodily injury or property damage. Consumption of alcoholic beverages is the proximate cause of any injury inflicted. Criminally, serving an already intoxicated person, or a person under the age of 18 is a Class 1 misdemeanor. Serving a person between the ages of 18 and 21 is a Class 2 misdemeanor.

Tennessee

Tenn. Code Ann. § 57-10-101, 57-10-102

Civil Liability

Consumption of alcohol is the proximate cause of injuries inflicted upon another by an intoxicated person. No judgement can be found against a server of alcoholic beverages unless they served someone under 21, or they sold the alcoholic beverage to someone who was visibly intoxicated.

Texas

Tex. Alcoholic Beverage Code Ann. § 2.01 et. seq

Civil Liability

Providing, selling, or serving an alcoholic beverage may be the basis of a statutory cause of action if it can be proven that the individual sold the beverage was obviously intoxicated, or if the adult, 21 years of age or older, serves an alcoholic beverage to a minor and that person is not a parent or legal guardian of the minor.

Utah

Utah Code Ann. §§ 32 B-15-201, 32B-4-404

Criminal and Civil Liability

A person who directly gives or sells an alcoholic beverage to an apparently intoxicated person, an individual under 21 years old, or a person the server should know was intoxicated. Knowingly serving any of these individuals qualifies as a Class A misdemeanor. Negligent serving any of these individuals qualifies as a Class B misdemeanor.

Vermont

Vt. Stat. Ann. tit. 7 §501 et seq.

Civil Liability

A person with a claim against an intoxicated person also has a claim against a person who helped cause the intoxication if that person is a minor, is apparently under the influence of intoxicating influence, is being served after legal serving hours.

Virginia

Not specified

Virgin Islands

Not specified

Washington

Wash. Rev. Code § 66.44.200

Criminal Liability

No person shall sell any liquor to any person apparently under the influence of liquor.

West Virginia

W. Va. Code §§ 55-7-9, 11-16-18

Civil and Criminal Liability

It is unlawful to sell any nonintoxicating beer to any person known to be insane or known to be a habitual drunkard, or under the age of 21.

Wisconsin

Wis. Stat. §125.305

Civil Liability

A person is immune from civil liability arising out of the act of procuring alcoholic beverages for or selling alcoholic beverages to a person unless the provider knew or should have known that the person was under the legal drinking age, unless the underage person falsely represents their age, they support their claim with documents saying they'd reached the legal drinking age, the beverages are provided in good faith that the minor is of legal drinking age, and the appearance of the minor is that of a person who is of legal drinking age.

Wyoming

Wyo. Stat. §12-5-502

Civil Liability

A person is immune from civil liability arising out of the act of procuring alcoholic beverages for or selling alcoholic beverages to a person unless the provider knew or should have known that the person was under the legal drinking age, unless the underage person falsely represents their age, they support their claim with documents saying they'd reached the legal drinking age, the beverages are provided in good faith that the minor is of legal drinking age, and the appearance of the minor is that of a person who is of legal drinking age.