[Vision2020] re: liquor liability insurance

[Tom Hansen]

Thank you, Mr. Curley.  I truly appreciate your clarification.

I, for one, believe that Idaho should adopt third-party laws.  If a customer
is clearly intoxicated, taverns should refuse to serve him/her or
consequently assume some responsibility when that person gets behind the
wheel of an automobile.

Are there any others that feel this way?

Tom Hansen

> -----Original Message-----
> From: vision2020-admin@moscow.com [mailto:vision2020-admin@moscow.com]On
> Behalf Of Mike Curley
> Sent: Tuesday, February 11, 2003 6:10 PM
> To: vision2020@moscow.com
> Subject: RE: [Vision2020] re: liquor liability insurance
>
>
> 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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> >           mailto:Vision2020@moscow.com
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> >
>
> _____________________________________________________
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