Delaware General Assembly

Lieu/Substituted 6/11/03

The General Assembly has ended, the current status is the final status.

SS 1 for SB 51

4/1/03

Peterson

Sen. Henry, Sokola

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DRAM SHOP LIABILITY.

This Bill, know as “Shaun’s Law”, creates dramshop liability under the limited circumstances of when a bar, liquor store, or someone illegally selling liquor, intentionally or recklessly sells alcohol to an intoxicated person, and that person later injures an innocent party. Delaware courts examining whether sellers of alcohol are liable for injuries to third persons have consistently recognized that a bar owner could not be found liable absent a statutory cause of action. This Bill creates such a cause of action, but only under the limited circumstances of intentional and reckless conduct by bar or liquor store personnel.

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