Oregon legislators are attempting to send the public a message: If you get drunk and hurt yourself, you’re on your own.
Senate Bill 925 would limit the liability that restaurants, bars and other licensed social hosts incur resulting from injuries self-inflicted by an individual after being served alcohol while visibly intoxicated. The bill is currently making its way through the Legislature.
Sponsored by Sen. John Minnis (R-Fairview), it would reverse precedents recently set by two Oregon Supreme Court cases. The Oregon Restaurant Association requested the bill be introduced to the Legislature after recognizing the potential financial implications the court rulings could have.
“Basically, what this bill does is put the law back to before these rulings,” Minnis said. “It would exclude third parties from being named in lawsuits where people hurt themselves.”
Under what are commonly known as Dram Shop laws, establishments that serve alcohol may be named as third parties for accidents that happen on or off their premises. Establishments can only be named in lawsuits if they are negligent by serving alcohol to visibly intoxicated customers.
The Oregon Supreme Court recently reversed two lower court decisions that exonerated establishments from being held responsible for the injuries incurred by such individuals.
Communication director for the Oregon Liquor Control Commission, Jon Stubenvoll, said the OLCC has not taken a position on the bill and that it has drawn virtually no opposition in the Senate.
He used an example to describe how the bill might apply. An intoxicated individual who fell down a set of stairs while exiting a bar would have no grounds to sue under SB 925. However, if that person fell while walking down stairs that were broken, that person could still claim negligence in a lawsuit.
But then if an individual was served alcohol while visibly intoxicated and caused damage to a third party, the establishment could still be named in a lawsuit, Stubenvoll said.
Sometimes assessing what constitutes intoxication is a tricky matter.
Rennie’s Landing manager Dan Geyer feels that the term “visibly intoxicated” is highly subjective, and that often patrons enter the bar after drinking elsewhere. After being at a bar for a while, the effects of previously consumed alcohol can hit hard, Geyer said.
In his tenure at Rennie’s Landing, Geyer said that the bar hasn’t been involved with any liability lawsuits.
Minnis’ legislative aide Steve Minnis said SB 925 reaffirms the ideology that the individual must ultimately be held responsible for his or her actions.