Bill Text: CA AB3172 | 2023-2024 | Regular Session | Amended
Bill Title: Social media platforms: injuries to children: damages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-29 - Referred to Com. on JUD. [AB3172 Detail]
Download: California-2023-AB3172-Amended.html
|
Amended
IN
Assembly
April 18, 2024 |
|
Amended
IN
Assembly
March 21, 2024 |
| Introduced by Assembly Member Lowenthal |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The people of the State of California find as follows:(a)
(b)
(c)
(a)Everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon themselves. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
(b)It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard
v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.
(c)Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
(d)(1)Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at their residence to a person whom they know, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the
furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.
(2)A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.
(e)(1)A social media platform that violates its responsibility of ordinary care and skill to a child pursuant to subdivision (a) shall, in addition to any other remedy, be liable for damages in the amount of either of the following:
(A)Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).
(B)Three times the amount of the child’s actual damages.
(2)Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.
(3)For the purpose of this subdivision the following definitions apply:
(A)“Child” means a minor under 18 years of age.
(B)“Social media platform” means a platform as defined in Section 22675 of the Business and Professions Code that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.
(4)The duties, remedies, and obligations imposed by this subdivision are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law.
