[PART V.]
CIVIL ACTION; INTOXICATION OF PERSONS
UNDER AGE
TWENTY-ONE
[§663-41] Right of action. (a) Any
person twenty-one years or older who:
(1) Sells, furnishes, or provides alcoholic beverages
to a person under the age of twenty-one years; or
(2) Owns, occupies, or controls premises on which
alcoholic beverages are consumed by any person under twenty-one years of age,
and who knows of alcohol consumption by persons under twenty-one years of age
on such premises, and who reasonably could have prohibited or prevented such
alcohol consumption;
shall be liable for all injuries or damages caused
by the intoxicated person under twenty-one years of age.
(b) This section shall not apply to sales
licensed under chapter 281.
(c) An intoxicated person under the age of
twenty-one years who causes an injury or damage shall have no right of action
under this part. [L 2003, c 69, pt of §1]
Case Notes
There was actually no indication that this section was meant
to encompass the instant factual situation where the injury was inflicted
directly upon the minor by the host (defendant) through the provision of
alcohol, and the claim was only between the minor and the host; thus, this
section does not apply in a case where the intoxicated minor has not caused
damage or injury to an innocent third party, and therefore did not bar the
claims made by plaintiff (parents of decedent minor) against defendant. 130 H.
282, 308 P.3d 911 (2013).
Notes of Decisions
Ah Mook Sang v. Clark., 308 P.3d 911 (Haw. 2013).
· cites it 30× “Moreover, although the Clarks recognized that the Hawaii Legislature created a limited exception to the common law in HRS § 663-41 3 by allowing claims against social hosts when the host’s intoxicated guest who is under twenty-one years of age causes injury or damage to innocent…”
Juliano v. Simpson, 461 Mass. 527 (Mass. 2012).
“§ 12-47-801 (4)(c) (2011) (liability capped at $150,000); Haw. Rev. Stat. Ann. § 663-41 (West 2008) (applies to hosts twenty-one years or older); Minn.”
Kaopuiki v. Kealoha, 87 P.3d 910 (Haw. App. 2004).
· cites it 2× “” HRS § 663-41 does not create any new rights regarding causes of action or damages.”
Kuahiwinui v. Zelo's Inc., 453 P.3d 254 (Haw. 2019).
· cites it 4× “HRS § 663-41 provides that social hosts over the age of twenty-one who provide or permit the provision of alcoholic beverages to persons under the age of twenty-one are “liable for all injuries or damages caused by the intoxicated person under twenty-one years of age[,]” except…”
— Haw. Rev. Stat. § 663-41(c) — 1 case
Ah Mook Sang v. Clark., 308 P.3d 911 (Haw. 2013).
“Moreover, although the Clarks recognized that the Hawaii Legislature created a limited exception to the common law in HRS § 663-41 3 by allowing claims against social hosts when the host’s intoxicated guest who is under twenty-one years of age causes injury or damage to innocent…”
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