4-311

4-311. Liability for serving intoxicated person
or minor; definition

A. A licensee is liable for property damage and personal injuries or is liable to a
person who may bring an action for wrongful death pursuant to section 12-612, or both, if
a court or jury finds all of the following:

1. The licensee sold spirituous liquor either to a purchaser who was obviously
intoxicated, or to a purchaser under the legal drinking age without requesting
identification containing proof of age or with knowledge that the person was under the
legal drinking age.

2. The purchaser consumed the spirituous liquor sold by the licensee.

3. The consumption of spirituous liquor was a proximate cause of the injury, death
or property damage.

B. No licensee is chargeable with knowledge of previous acts by which a person
becomes intoxicated at other locations unknown to the licensee unless the person was
obviously intoxicated. If the licensee operates under a restaurant license, the finder of
fact shall not consider any information obtained as a result of a restaurant audit
conducted pursuant to section 4-213 unless the court finds the information relevant.

C. For the purposes of subsection A, paragraph 2 of this section, if it is found
that an underage person purchased spirituous liquor from a licensee and such underage
person incurs or causes injuries or property damage as a result of the consumption of
spirituous liquor within a reasonable period of time following the sale of the spirituous
liquor, it shall create a rebuttable presumption that the underage person consumed the
spirituous liquor sold to such person by the licensee.

D. For the purposes of this section, "obviously intoxicated" means inebriated to
such an extent that a person's physical faculties are substantially impaired and the
impairment is shown by significantly uncoordinated physical action or significant
physical dysfunction that would have been obvious to a reasonable person.