Bill > HB1236

This bill amends an existing law in South Dakota, specifically Section 35-4-78, to establish civil liability for furnishing alcohol to an obviously intoxicated person. Previously, the law prohibited licensees (individuals or businesses holding a license to sell alcohol) and their employees or agents from selling or serving alcohol to someone who was clearly drunk, with violations being a Class 1 misdemeanor, a serious criminal offense. However, the old law also included a provision that shielded licensees from civil lawsuits for damages caused by the intoxication of a person who was served alcohol in violation of this rule. This bill removes that shield, meaning licensees can now be sued for damages, including wrongful death or property damage, if their actions of serving alcohol to an obviously intoxicated person lead to harm.

Justice

https://sdlegislature.gov/#/Session/Bill/27225