Delaware General Assembly

House Business/Corporations/Commerce 6/24/03

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

SB 51

6/11/03

Peterson

Sen. Henry, Sokola

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

This Substitute Bill, know as “Shaun’s Law”, creates dramshop liability under the limited circumstances of when a bar or restaurant, intentionally or recklessly sells alcohol to an intoxicated person for on premises consumption, 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 restaurant personnel. The Bill also caps the total damages awardable for an intentional or reckless sale at $250,000.00.

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