HOUSE BILL NO. 1808 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHARP (37).
4794H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 537, RSMo, by adding thereto one new section relating to social host liability.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be 2 known as section 537.057, to read as follows: 537.057. 1. A person who sustains bodily injury or injury to real or personal 2 property as a result of the negligent provision of alcoholic beverages by a social host to a 3 person who has attained twenty-one years of age may recover damages from the social 4 host only if: 5 (1) The social host willfully and knowingly provided alcoholic beverages either: 6 (a) To a person who was visibly intoxicated in the social host's presence; or 7 (b) To a person who was visibly intoxicated under circumstances manifesting 8 reckless disregard of the consequences as affecting the life or property of another; 9 (2) The social host provided alcoholic beverages to the visibly intoxicated person 10 under circumstances that created an unreasonable risk of foreseeable harm to the life or 11 property of another, and the social host failed to exercise reasonable care and diligence 12 to avoid the foreseeable harm; and 13 (3) The injury arose out of an accident caused by the negligent operation of a 14 vehicle by the visibly intoxicated person who was provided alcoholic beverages by the 15 social host.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1808 2
16 2. To determine the liability of a social host under subsection 1 of this section, if a 17 test to determine the presence of alcohol in the blood indicates a blood alcohol 18 concentration of: 19 (1) Less than ten-hundredths of one percent by weight of alcohol in the blood, 20 there shall be an irrebuttable presumption that the person tested was not visibly 21 intoxicated in the social host's presence and that the social host did not provide alcoholic 22 beverages to the person under circumstances that manifested reckless disregard of the 23 consequences as affecting the life or property of another; or 24 (2) At least ten-hundredths of one percent but less than fifteen-hundredths of 25 one percent by weight of alcohol in the blood, there shall be a rebuttable presumption 26 that the person tested was not visibly intoxicated in the social host's presence and that 27 the social host did not provide alcoholic beverages to the person under circumstances 28 that manifested reckless disregard of the consequences as affecting the life or property 29 of another. 30 3. This section shall be the exclusive civil remedy for personal injury or property 31 damage resulting from the negligent provision of alcoholic beverages by a social host to 32 a person who has attained twenty-one years of age. ✔
Statutes affected: