The 88th General Assembly
has convened the 2012 fiscal session

Wednesday, September 24, 2008

Dram shop liability to social hosts in Arkansas?

That's one proposal being recommended to the legislature by the Task Force on Substance Abuse Prevention. In other words, if you're having friends over at your home, and someone leaves your house and causes injury to someone else because they were "clearly intoxicated," you could be held liable for the victim's injuries if this proposal becomes law.

It's a doctrine that is currently extended to alcoholic beverage retailers (Ark. Code Ann. §16-126-104), but immunity from civil liability is currently given to social hosts in a 1999 law (16-126-106). Such a proposal could energize both trial lawyers and MADD in support of it. Most social hosts may have liability coverage under their homeowners policy as long as liquor is not sold, so insurers could oppose such a proposal. Todays' Democrat-Gazette covers the task force's first annual report.

Edit: Link fixed.