TITLE 3
Alcoholic Beverages
CHAPTER 3-14
Rhode Island Liquor Liability Act
SECTION 3-14-7
§ 3-14-7 Liability for reckless service of
liquor.
(a) A defendant, as defined in § 3-14-5, who recklessly provides liquor to
a minor is liable for damages proximately caused by that minor's consumption of
the liquor.
(b) A defendant, as defined in § 3-14-5, who recklessly
serves liquor to a visibly intoxicated individual is liable for damages
proximately caused by that individual's consumption of the liquor.
(c)(1) Service of liquor is reckless if a defendant
intentionally serves liquor to an individual when the server knows that the
individual being served is a minor or is visibly intoxicated, and the server
consciously disregards an obvious and substantial risk that serving liquor to
that individual will cause physical harm to the drinker or to others.
(2) For the purposes of this chapter, the disregard of the
risk, when viewed in light of the nature and purpose of the server's conduct
and the circumstances known to him or her, must involve a gross deviation from
the standard of conduct that a reasonable and prudent person would observe in
the same situation.
(d) Specific serving practices that are admissible as
evidence of reckless conduct include, but are not limited to, the following:
(1) Active encouragement of intoxicated individuals to
consume substantial amounts of liquor;
(2) Service of liquor to an individual who is under
twenty-one (21) years old when the server has actual or constructive knowledge
of the individual's age; and
(3) Service of liquor to an individual that is so continuous
and excessive that it creates a substantial risk of death by alcohol poisoning.
History of Section.
(P.L. 1986, ch. 537, § 2.)
