(a)(1) A person who sells, furnishes, or serves alcoholic beverages to an individual of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of that individual, including injury or death to other individuals; provided, however, every spouse, child, parent, or other individual who shall be injured in person, property, or means of support by any intoxicated individual shall have a right of action for all damages actually sustained as well as exemplary damages against any person who knowingly sells, furnishes, or serves alcoholic beverages to an individual contrary to the provisions of law, who was visibly intoxicated, when the sale, furnishing, or serving is the proximate cause of such injury or damage.
(2) For purposes of this section, “knowingly” means knew or should have known under the circumstances.
(b) Upon the death of any party, the action or right of action will survive to or against the party’s personal representative.
(c) The party injured, or the party’s legal representative, may commence a joint or separate action against the individual intoxicated or the person who furnished the alcoholic beverages, and the claims shall be by civil action in any court having jurisdiction thereof.
(d) Evidence sufficient to establish that an individual was visibly intoxicated as set forth in subdivision (a)(1) shall be based on the totality of the circumstances present at the time of service of the alcoholic beverages to the individual. The evidence must either be by direct evidence or, if circumstantial, must not require or allow the finder of fact to speculate.
(e) Nothing contained in this section shall authorize the consumer of any alcoholic beverage to recover from the provider of the alcoholic beverage for injuries or damages suffered by the consumer caused by the consumer’s ingestion of alcohol.
(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122; Act 2023-25, §1.)
Notes of Decisions
James v. Brewton Motel Mgmt., Inc., 570 So. 2d 1225 (Ala. 1990).
· cites it 34× “The main issues in this case are: (1) whether the minor children of one who is killed because of his own intoxication are protected parties and, thus, have a cause of action under the Alabama Dram Shop Act, Ala.Code 1975, § 6-5-71, and (2) whether the voluntary intoxication of…”
Maples v. Chinese Palace, Inc., 389 So. 2d 120 (Ala. 1980).
· cites it 20× “Either parent of a minor, guardian or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may…”
Jones v. BP Oil Co., Inc., 632 So. 2d 435 (Ala. 1993).
· cites it 12× “Howard Jones filed this action individually and as representative of the estate of Mark Jones, naming Dettwiler, Kelly, and BP Oil as defendants; he stated claims against BP Oil under Alabama's "Dram Shop Act," Ala. Code 1975, § 6-5-71, and under negligence and conspiracy…”
Ward v. Rhodes, Hammonds, & Beck, Inc., 511 So. 2d 159 (Ala. 1987).
· cites it 16× “We hold that the plaintiff stated a claim under the provisions of Alabama's Dram Shop Act; therefore, we reverse and remand as to that claim, but we affirm as to the other two claims.”
McIsaac v. Monte Carlo Club, Inc., 587 So. 2d 320 (Ala. 1991).
· cites it 11× “[1] The specific issue presented is whether a person who allegedly participated in drinking that led to the intoxication of another can recover damages under the provisions of the Act for injuries incurred in an accident allegedly caused by the intoxication of the other person.”
Espey v. Convenience Marketers, 578 So. 2d 1221 (Ala. 1991).
· cites it 15× “Both the father and the son assert claims pursuant to § 6-5-71. The trial court entered a summary judgment for Convenience.”
Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985).
· cites it 2× “This it has failed to do. PRAGER and MILLER, JJ., join in the foregoing concurring and dissenting opinion.”
Parker v. Miller Brewing Co., 560 So. 2d 1030 (Ala. 1990).
· cites it 5× “She attempted to state a claim against the defendants *1032 based upon Code 1975, § 6-5-70 (the "Civil Damages Act"), § 6-5-71 (the "Dram Shop Act"), and/or common law negligence.”
Lefto v. Hoggsbreath Enter., Inc., 581 N.W.2d 855 (Minn. 1998).
· cites it 2× “§ 11-101 (1997) (providing "any person" injured in specified ways has a cause of action); Ala.Code § 6-5-71 (1997) (providing "[e]very wife, child, parent, or other person" injured in specified ways has a cause of action).”
Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993).
· cites it 2× “See Ala.Code § 6-5-71 (1977); Alaska Stat, § 04.”
Owens v. Hooters Restaurant, 41 So. 3d 743 (Ala. 2009).
· cites it 6× “02(4) by serving alcohol to an allegedly visibly intoxicated Williams, which is actionable under Alabama's Dram Shop Act, § 6-5-71, Ala.Code 1975. That Code section provides, in pertinent part: "(a) Every wife, child, parent or other person who shall be injured in person,…”
Johnson v. Brunswick Riverview Club, Inc., 39 So. 3d 132 (Ala. 2009).
· cites it 4× “On May 5, 2006, Johnson, in her individual capacity, sued Brunswick, asserting a claim under Alabama’s Dram Shop Act, § 6-5-71, Ala.Code 1975, and a claim of negligent hiring, training, and/or supervision of employees.”
— Ala. Code § 6-5-71(a) — 7 cases
Ward v. Rhodes, Hammonds, & Beck, Inc., 511 So. 2d 159 (Ala. 1987).
“We hold that the plaintiff stated a claim under the provisions of Alabama's Dram Shop Act; therefore, we reverse and remand as to that claim, but we affirm as to the other two claims.”
James v. Brewton Motel Mgmt., Inc., 570 So. 2d 1225 (Ala. 1990).
“The main issues in this case are: (1) whether the minor children of one who is killed because of his own intoxication are protected parties and, thus, have a cause of action under the Alabama Dram Shop Act, Ala.Code 1975, § 6-5-71, and (2) whether the voluntary intoxication of…”
Maples v. Chinese Palace, Inc., 389 So. 2d 120 (Ala. 1980).
“Either parent of a minor, guardian or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may…”
— Ala. Code § 6-5-71(c) — 2 cases
Parker v. Miller Brewing Co., 560 So. 2d 1030 (Ala. 1990).
“She attempted to state a claim against the defendants *1032 based upon Code 1975, § 6-5-70 (the "Civil Damages Act"), § 6-5-71 (the "Dram Shop Act"), and/or common law negligence.”
James v. Brewton Motel Mgmt., Inc., 570 So. 2d 1225 (Ala. 1990).
“The main issues in this case are: (1) whether the minor children of one who is killed because of his own intoxication are protected parties and, thus, have a cause of action under the Alabama Dram Shop Act, Ala.Code 1975, § 6-5-71, and (2) whether the voluntary intoxication of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.