2006 Ohio Revised Code - 4399.18. Limitations on liability for acts of intoxicated person.
Notwithstanding division (A) of section 2307.60 of the Revised Code and except as otherwise provided in this section, no person, and no executor or administrator of the person, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person has a cause of action against any liquor permit holder or an employee of a liquor permit holder who sold beer or intoxicating liquor to the intoxicated person unless the personal injury, death, or property damage occurred on the permit holder's premises or in a parking lot under the control of the permit holder and was proximately caused by the negligence of the permit holder or an employee of the permit holder. A person has a cause of action against a permit holder or an employee of a permit holder for personal injury, death, or property damage caused by the negligent actions of an intoxicated person occurring off the premises or away from a parking lot under the permit holder's control only when both of the following can be shown by a preponderance of the evidence:
(A) The permit holder or an employee of the permit holder knowingly sold an intoxicating beverage to at least one of the following:
(1) A noticeably intoxicated person in violation of division (B) of section 4301.22 of the Revised Code;
(2) A person in violation of section 4301.69 of the Revised Code.
(B) The person's intoxication proximately caused the personal injury, death, or property damage.
sections 4399.02 and
4399.05 of the Revised Code, no person, and no executor or administrator of the person, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person has a cause of action against the owner of a building or premises who rents or leases the building or premises to a liquor permit holder against whom a cause of action may be brought under this section, except when the owner and the permit holder are the same person.
HISTORY: 141 v H 759 (Eff 7-21-86); 146 v H 350 (Eff 1-27-97); 149 v S 108, § 2.01 (Eff 7-6-2001); 149 v S 107. Eff 6-28-2002; 150 v H 306, § 1, eff. 7-23-04.
Effect of Amendments
150 v H 306, effective July 23, 2004, in the introductory paragraph, deleted "and in section 4399.01 of the Revised Code" following "provided in this section", and inserted "personal"; and deleted (A)(2), relating to violations of RC § 4301.22(C), and redesignated former (A)(3) as (A)(2).
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