(a)Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.
(b)No person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage pursuant to subdivision (a) of this section shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.
(c)The Legislature hereby declares that this section shall be interpreted so that the holdings in cases such as Vesely v. Sager (5 Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person.
Notes of Decisions
Cited in
26
cases (
1 in the last 5 years), 1972–2025 · leading case:
Sagadin v. Ripper, 175 Cal. App. 3d 1141 (Cal. Ct. App. 1985).
Sagadin v. Ripper, 175 Cal. App. 3d 1141 (Cal. Ct. App. 1985).
· cites it 4× “) Similarly, Business and Professions Code section 25602, subdivision (c), states "The Legislature hereby declares that this section shall be interpreted so that the holdings in [ Vesely and its progeny] be abrogated in favor of prior judicial interpretation.”
Harris v. Trojan Fireworks Co., 120 Cal. App. 3d 157 (Cal. Ct. App. 1981).
· cites it 4× “First, it creates a favored class consisting of those who supply or furnish alcoholic beverages and it creates the disfavored class of those injured by drunken drivers.”
Langle v. Kurkul, 510 A.2d 1301 (Vt. 1986).
· cites it 2× “534, 537-38 (1978) (citing Cal. Business and Professions Code § 25602 (West 1964), overruled by statute, Cal.”
Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985).
· cites it 2× “Other relevant provisions are California Business and Professions Code §§ 25602(a) and (b) and 25602.”
Wynn v. Monterey Club, 111 Cal. App. 3d 789 (Cal. Ct. App. 1980).
· cites it 2× “" [2] Business and Professions Code section 25602 provides: "(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.”
Knighten v. Sam's Parking Valet, 206 Cal. App. 3d 69 (Cal. Ct. App. 1988).
· cites it 2× “Such a cause of action would be particularly inconsistent with the civil immunity provided by Business and Professions Code section 25602 discussed below.”
Slade v. Smith's Mgmt. Corp., 808 P.2d 401 (Idaho 1991).
· cites it 2× “Business and Professions Code Section 25602 Section 25602 provides, that `Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to .”
Burke v. Superior Court, 129 Cal. App. 3d 570 (Cal. Ct. App. 1982).
· cites it 2× “3d 430 , Business and Professions Code section 25602, subdivision (c), and Civil Code section 1714, subdivision (b), "are merely descriptions of the `prior judicial interpretation' on the subject of the liability of the provider of alcoholic beverages" ( 29 Cal.3d at p. 437 ).”
Fosgate v. Gonzales, 107 Cal. App. 3d 951 (Cal. Ct. App. 1980).
“4 Business and Professions Code section 25602: “(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.”
Williams v. Saga Enter., Inc., 225 Cal. App. 3d 142 (Cal. Ct. App. 1990).
“” Business and Professions Code section 25602 (section 25602) formerly stated in its entirety: “Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated…”
Cantor v. Anderson, 126 Cal. App. 3d 124 (Cal. Ct. App. 1981).
“” Similarly, Business and Professions Code section 25602 was limited by the addition of subdivisions (b) and (c), as qualified by Business and Professions Code section 25602.”
— Cal. Business and Professions Code § 25602(a) — 1 case
Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985).
“Other relevant provisions are California Business and Professions Code §§ 25602(a) and (b) and 25602.”
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