I am a Bartender in San Diego, California. I would like to know what
third party liability I have for serving drinks in this state. Also,
what can I do to minimize my liability (words I can say or things I
can do) preceding an accident to minimize my liability in case an
accident were to occur. Example is there anything I can say or do that
will show reasonable means to keep intoxicated patrons from driving. I
am worried about a seemingly sober patron getting in their car and
getting in a accident and liability being put on myself. Or an
intoxicated person lying and saying they are taking a cab or a friend
is driving them, when they actually intend to drive home. What can i
say or do to minimize my liability.

Hello wessidemike,

As stated in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.

According to statutes available from the Legislative Counsel of
California, it seems that civil liability is possible in California
for providing alcohol only to "any obviously intoxicated minor where
the furnishing, sale or giving of that beverage to the minor is the
proximate cause of the personal injury or death sustained by that
person."

"Business and Professions Code Section 25600-25620" [sections 25602, 25602.1]
Official California Legislative Information
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=25001-26000&file=25600-25620

See also:

"Civil Code Section 1708-1725" [section 1714]
Official California Legislative Information
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1708-1725

These statutes are discussed in:

"When Does Liability Attach for Serving a Minor Alcohol?", by Laurie
D. Rau, Esq. (Verdict Magazine, 2003)
Callahan McCune & Willis, APLC
http://www.cmwlaw.net/publications/LDR-VerdictMag-2003-1.htm

California's Department of Alcoholic Beverage Control provides
information on how to prevent selling alcohol to minors (which I
presume is the best way to minimize liability).

"Frequently Asked Questions: Q. 73. Is there anything a licensee or an
employee may do to prevent selling to minors?" [click on "73."; see
also Q. 74 and 75]
Department of Alcoholic Beverage Control
http://www.abc.ca.gov/questions/enforcement_faq.html

- justaskscott


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