[Vision2020] re: liquor liability insurance

[Mike Curley]

Mr. Hansen:
What Mr. Steed was pointing out is that the answer to 
your question had just been posted in that the Idaho 
"dram shop act" (Title 23, Chap 808) is what you are 
calling a "third party law."  And, rather than creating 
liability, it specifically says that the person who serves the 
alcohol is NOT "the cause of injuries inflicted by 
intoxicated persons..." and that no cause of action will lie 
against the one who "sold or otherwise furnished [as in, 
"gave"] alcoholic beverages to the intoxicated person" 
UNLESS the person to whom the alcohol was furnished 
was either under 21 or "obviously intoxicated at the time 
the alcoholic beverages were sold or furnished...." 

Thus, even a bar can only be held liable if one of those 
two conditions is met.  It cannot be held liable just 
because it provides a patron more than the legal limit for 
drivers (.08).

Mike Curley
On 11 Feb 03, at 17:53, Tom Hansen wrote:

Send reply to:  	<thansen@moscow.com>
From:           	"Tom Hansen" <thansen@moscow.com>
To:             	<WMSteed@aol.com>, <curley@turbonet.com>, <sslund@moscow.com>,
  	<vision2020@moscow.com>
Copies to:      	<steveb@moscow.com>, <jon@n-k-ins.com>, <jmhill@moscow.com>,
  	<jmack@turbonet.com>, <mtethoma@moscow.com>, <peg_hamlett@sbcglobal.net>,
  	<comstock@moscow.com>
Subject:        	RE: [Vision2020] re: liquor liability insurance
Date sent:      	Tue, 11 Feb 2003 17:53:01 -0800

I am simply asking a question, not pandering for 
ignorance. 
I have been under the assumption for a long time that 
Idaho
does have third-party laws. I was (and am) asking for
clarification.

Mr. Steed, if this is how you provide assistance to those
seeking it, please remind me not to ask you.

Thanks,

Tom Hansen
Moscow, Idaho

> -----Original Message-----
> From: vision2020-admin@moscow.com
> [mailto:vision2020-admin@moscow.com]On Behalf Of
> WMSteed@aol.com Sent: Tuesday, February 11, 2003 5:30 PM
> To: thansen@moscow.com; curley@turbonet.com;
> sslund@moscow.com; vision2020@moscow.com Cc:
> steveb@moscow.com; jon@n-k-ins.com; jmhill@moscow.com;
> jmack@turbonet.com; mtethoma@moscow.com;
> peg_hamlett@sbcglobal.net; comstock@moscow.com Subject:
> Re: [Vision2020] re: liquor liability insurance
>
>
>
> In a message dated 2/11/03 5:20:25 PM, thansen@moscow.com
> writes:
>
> << Doesn't Idaho have what I believe is called "Third
> Party" laws concerning liquor establishments?  If a tavern
> serves alcohol to a person knowing that they are
> intoxicated and that person commits an unlawful act as a
> direct result of his/her intoxication, the tavern is also
> liable.
>
> I am not certain, but I believe that Idaho has such laws
> on the books, Please correct me if I am wrong. >>
>
> This might indicate why so many of the conversations on
> 2020 seem circular.... or some such...
>
> >From Mike Curley's post of 30 minutes ago:
>
> "we might note
> that Idaho law relieves even the person who serves liquor
> of liability for the drinker's subsequent negligent acts
> unless he served to a minor or a person who was obviously
> intoxicated.  The City is not serving any alcohol at any
> of the functions on city-owned property.  The business
> that receives the temporary (alcohol) catering license is
> responsible, but only in those two situations."
>
>
> Walter Steed
>
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