2013 Vermont Statutes
Title 07 Alcoholic Beverages
Chapter 17 SALE TO INTOXICATED PERSONS AND PUBLIC CHARGES
§ 501 Unlawful sale of intoxicating liquors; civil action for damages

501. Unlawful sale of intoxicating liquors; civil action for damages

(a) Action for damages. A spouse, child, guardian, employer or other person who is injured in person, property or means of support by an intoxicated person, or in consequence of the intoxication of any person, shall have a right of action in his or her own name, jointly or severally, against any person or persons who have caused in whole or in part such intoxication by selling or furnishing intoxicating liquor:

(1) to a minor as defined in this title;

(2) to a person apparently under the influence of intoxicating liquor;

(3) to a person after legal serving hours; or

(4) to a person whom it would be reasonable to expect would be under the influence of intoxicating liquor as a result of the amount of liquor served by the defendant to that person.

(b) Survival of action; joint action. Upon the death of either party, the action and right of action shall survive to or against the party's executor or administrator. The party injured or his or her legal representatives may bring either a joint action against the person intoxicated and the person or persons who furnished the liquor and an owner who may be liable under subsection (c) of this section, or a separate action against either or any of them.

(c) Landlord liability. If the intoxicating liquor was sold or furnished to the intoxicated person in a rented building, the owner may be joined as a defendant in the action, and judgment therein may be rendered against the owner, if the owner of the building or in the case of a corporation, its agent, knew or had reason to know that intoxicating liquor was sold or furnished by the tenant:

(1) to minors as defined in this title;

(2) to persons apparently under the influence of intoxicating liquor;

(3) to persons after legal serving hours; or

(4) to persons whom it would be reasonable to expect would be under the influence of intoxicating liquor as a result of the amount of liquor served to them by the tenant. It shall be an affirmative defense to an action against an owner that the owner took reasonable steps to prevent the sale of intoxicating liquor under the circumstances described in this subsection or to evict the tenant.

(d) Statute of limitations. An action to recover for damages under this section shall be commenced within two years after the cause of action accrues, and not after.

(e) Evidence. In an action brought under this section, evidence of responsible actions taken or not taken is admissible, if otherwise relevant. Responsible actions may include, but are not limited to, instruction of servers as to laws governing the sale of alcoholic beverages, training of servers regarding intervention techniques, admonishment to patrons or guests concerning laws regarding the consumption of intoxicating liquor, and inquiry under the methods provided by law as to the age or degree of intoxication of the persons involved.

(f) Right of contribution. A defendant in an action brought under this section has a right of contribution from any other responsible person or persons, which may be enforced in a separate action brought for that purpose.

(g) Social host.

(1) Except as set forth in subdivision (2) of this subsection, nothing in this section shall create a statutory cause of action against a social host for furnishing intoxicating liquor to any person without compensation or profit, if the social host is not a licensee or required to be a licensee under this title. However, this subdivision shall not be construed to limit or otherwise affect the liability of a social host for negligence at common law.

(2) A social host who knowingly furnishes intoxicating liquor to a minor may be held liable under this section if the social host knew, or a reasonable person in the same circumstances would have known, that the person who received the intoxicating liquor was a minor.

(h) Definitions. For the purpose of this section:

(1) "Apparently under the influence of intoxicating liquor" means a state of intoxication accompanied by a perceptible act or series of actions which present signs of intoxication.

(2) "Social host" means a person who is not the holder of a liquor license and is not required under this title to hold a liquor license. (Amended 1987, No. 103, 1; 1999, No. 116 (Adj. Sess.), 1.)