Tennessee Code Annotated
Tenn. Code Ann. § 57-10-102 (2026)
Standard of proof
✓ current as of May 2026
Notwithstanding § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
- (1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
- (2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.
Acts 1986, ch. 519, §2; 2009 , ch. 492, § 1.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1990–2023 · leading case: Worley v. Weigels, Inc., 919 S.W.2d 589 (Tenn. 1996).
Worley v. Weigels, Inc., 919 S.W.2d 589 (Tenn. 1996). “gligence; the damages allegedly sustained were caused or contributed to by the negligence of Kaiser, and any recovery should be diminished by the percentage of negligence attributable to said non-party; the damages were caused or contributed to by the negligence of Goosie, and…”
Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005). “Tenn.Code Ann. § 57-10-102 (2002) ("section 102").”
F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d 680 (Tex. 2007). “ximate cause of the damage, injury, or death, or the spouse, child, parent, or guardian of that individual, shall have a right of action in his or her name against the person who by selling, giving, or furnishing the alcoholic liquor has caused or contributed to the intoxication…”
LaRue v. 1817 Lake Inc., 966 S.W.2d 423 (Tenn. Ct. App. 1997). “It seems quite clear that for T.C.A. § 57-10-102 to apply, the plaintiffs must prove beyond a reasonable doubt that the defendants “sold” an alcoholic beverage to LaRue and Brewer.”
Jarrett v. Woodward Bros., Inc., 751 A.2d 972 (D.C. 2000). “2d 755 (1964), superceded in part by Tenn. Code Ann. § 57-10-102 (1989); Callan v.”
Wegleitner v. Sattler, 1998 SD 88 (S.D. 1998). “Unlike South Dakota, the Tennessee legislature, however, has enacted public policy exceptions to the common law rule allowing civil liability where a plaintiff establishes beyond a reasonable doubt that the "sale" was the proximate cause of the injury and that the alcohol was…”
Tip's Package Store, Inc. v. Com. Ins. Managers, Inc., 86 S.W.3d 543 (Tenn. Ct. App. 2001). “§ 57-10-102. Standard of proof. Notwithstanding the provisions of § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless…”
Montgomery Ex Rel. Montgomery v. Kali Orexi, LLC, 303 S.W.3d 281 (Tenn. Ct. App. 2009). “The issues presented are as follows: Whether a cause of action under Tenn. Code Ann. § 57-10-102 against a seller of an “alcoholic beverage or beer” is available to the Deceased or his representative, who is not a third party, but was himself the consumer of the alcohol.”
Tobias v. Sports Club, Inc., 474 S.E.2d 450 (S.C. Ct. App. 1996). “Laws §§ 3-14-1 to -15 (1987); Tenn. Code Ann. § 57-10-102 (1989); Tex. Alco.”
Am. Nat'l Prop. & Cas. Co. v. Gray, 803 S.W.2d 693 (Tenn. Ct. App. 1990). “§ 57-10-101 and § 57-10-102, and that Gray conspired with Battenfield to “go out on the night of the accident and drink until they were both intoxicated past the presumption of safe and sober driving.”
Heather Widner, Adm'x of the Est. of Glenn Edward Smith v. Chattanooga Ent., Inc, d/b/a Elec. Cowboy (Tenn. Ct. App. 2014). “After a hearing, the Trial Court granted Electric Cowboy summary judgment finding and holding, inter alia, that on the relevant night there had been no sale of alcoholic beverages pursuant to Tenn. Code Ann. § 57-10-102 by Electric Cowboy to Ashley Langworthy.”
Jennifer Biscan v. Franklin Brown (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 57-10-102.8 In fact, this court has found that a requirement for any liability under the statutory exception in Tenn.”
— Tenn. Code Ann. § 57-10-102(1) — 2 cases
Worley v. Weigels, Inc., 919 S.W.2d 589 (Tenn. 1996). “gligence; the damages allegedly sustained were caused or contributed to by the negligence of Kaiser, and any recovery should be diminished by the percentage of negligence attributable to said non-party; the damages were caused or contributed to by the negligence of Goosie, and…”
Edward P. Landry v. South Cumberland Amoco (Tenn. Ct. App. 2010).
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