Chapter 534 Oregon Laws 2001
AN ACT
SB 925
Relating to alcoholic
beverages; creating new provisions; and amending ORS 30.950.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 30.950 is amended to read:
30.950. (1) A patron
or guest who voluntarily consumes alcoholic beverages served by a person
licensed by the Oregon Liquor Control Commission, a person holding a permit
issued by the commission or a social host does not have a cause of action,
based on statute or common law, against the person serving the alcoholic
beverages, even though the alcoholic beverages are served to the patron or
guest while the patron or guest is visibly intoxicated. The provisions of this
subsection apply only to claims for relief based on injury, death or damages
caused by intoxication and do not apply to claims for relief based on injury,
death or damages caused by negligent or intentional acts other than the service
of alcoholic beverages to a visibly intoxicated patron or guest.
[(1)] (2) [No] A person licensed by
the Oregon Liquor Control Commission, person holding a permit issued by the
commission or social host is not
liable for damages [incurred or]
caused by intoxicated patrons or guests [off
the premises of the licensee, permittee or social host] unless the plaintiff proves by clear and
convincing evidence that:
(a) The licensee, permittee or social host [has] served or provided alcoholic
beverages to the patron or guest while the patron or guest was visibly
intoxicated; and
[(b) The plaintiff
proves by clear and convincing evidence that the patron or guest was served
alcoholic beverages while visibly intoxicated]
(b) The plaintiff
did not substantially contribute to the intoxication of the patron or guest by:
(A) Providing or
furnishing alcoholic beverages to the patron or guest;
(B) Encouraging the
patron or guest to consume or purchase alcoholic beverages or in any other
manner; or
(C) Facilitating the
consumption of alcoholic beverages by the patron or guest in any manner.
[(2)] (3) Except as provided in subsection [(3)]
(4) of this section, an action for damages caused by intoxicated patrons or
guests off the premises of a person licensed by the Oregon Liquor Control
Commission, a person holding a permit issued by the commission or a social host
may be brought only if the person asserting the claim has given the licensee,
permittee or social host the notice required by subsection [(4)]
(5) of this section within the following time periods:
(a) If a claim is made for damages arising out of wrongful
death, notice must be given within one year after the date of death, or within
one year after the date that the person asserting the claim discovers or
reasonably should have discovered the existence of a claim under this section,
whichever is later.
(b) If a claim is made for damages for injuries other than
wrongful death, notice must be given within 180 days after the injury occurs,
or within 180 days after the person asserting the claim discovers or reasonably
should have discovered the existence of a claim under this section, whichever
is later.
[(3)] (4) The time provided for the giving
of notice under subsection [(2)] (3) of this section does not include
any period during which:
(a) The claimant is under 18 years of age;
(b) The claimant is unable to give notice by reason of the
injury or by reason of being financially incapable, as defined in ORS 125.005,
or is incapacitated, as defined in ORS 125.005; or
(c) The claimant is unable to determine that the licensee,
permittee or social host is liable because the patron or guest who caused the
damages asserts a right against self-incrimination and cannot be compelled to
reveal the identity of the licensee, permittee or social [guest] host, or cannot
be compelled to reveal facts that would establish the liability of the
licensee, permittee or social [guest] host.
[(4)] (5) A licensee, permittee or social
host shall be considered to have been given notice for the purposes of this
section if:
(a) The licensee, permittee or social host is given formal
notice in the manner specified in subsection [(5)] (6) of this
section;
(b) The licensee, permittee or social host receives actual
notice as described in subsection [(6)] (7) of this section;
(c) An action is commenced by or on behalf of the claimant
within the period of time specified by subsections [(2)] (3) and [(3)]
(4) of this section; or
(d) Any payment on the claim is made to the claimant by or
on behalf of the licensee, permittee or social host.
[(5)] (6) Formal notice of a claim subject
to this section must be in writing, must be mailed to the licensee, permittee
or social host, or personally served on the licensee, permittee or social host,
and must contain all of the following:
(a) A statement that a claim for damages is made against
the licensee, permittee or social host.
(b) A description of the time, place and circumstances
giving rise to the claim, so far as known to the claimant.
(c) The name of the claimant and mailing address for the
claimant to which correspondence regarding the claim may be mailed.
[(6)] (7) For the purposes of this section,
“actual notice” means any communication to a licensee, permittee or social host
that gives the licensee, permittee or social host actual knowledge of the time,
place and circumstances of the claim, if the communication is such that a
reasonable person would conclude that a particular person intends to assert a
claim against the licensee, permittee or social host.
SECTION 2.
The amendments to ORS 30.950 by section
1 of this 2001 Act apply only to causes of action arising on or after the
effective date of this 2001 Act.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date January 1,
2002
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