[PART V.] CIVIL ACTION; INTOXICATION OF PERSONS

UNDER AGE TWENTY-ONE

 

[663-41] Right of action. (a) Any person twenty-one years or older who:

(1) Sells, furnishes, or provides alcoholic beverages to a person under the age of twenty-one years; or

(2) Owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one years of age, and who knows of alcohol consumption by persons under twenty-one years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption;

shall be liable for all injuries or damages caused by the intoxicated person under twenty-one years of age.

(b) This section shall not apply to sales licensed under chapter 281.

(c) An intoxicated person under the age of twenty-one years who causes an injury or damage shall have no right of action under this part. [L 2003, c 69, pt of 1]

 

Case Notes

 

There was actually no indication that this section was meant to encompass the instant factual situation where the injury was inflicted directly upon the minor by the host (defendant) through the provision of alcohol, and the claim was only between the minor and the host; thus, this section does not apply in a case where the intoxicated minor has not caused damage or injury to an innocent third party, and therefore did not bar the claims made by plaintiff (parents of decedent minor) against defendant. 130 H. 282, 308 P.3d 911 (2013).

 

 

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