Delaware Senate Bill 243 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Introduced on May 4 2010 - 25% progression, died in chamber
Action: 2010-06-30 - Stricken
Text: Latest bill text (Draft #1) [HTML]

This Bill, known as “Shaun’s Law”, creates dram shop liability under the limited circumstances of when a bar or restaurant, intentionally or recklessly sells alcohol to an intoxicated person for on premises consumption, and that person later injures or kills an innocent party. Delaware courts examining whether sellers of alcohol are liable for injuries to third persons have consistently recognized that a bar owner could not be found liable absent a statutory cause of action. This Bill creates such a cause of action, but only under the limited circumstances of intentional and reckless conduct by bar or restaurant personnel.

An Act To Amend Title 4 Of The Delaware Code Relating To Dram Shop Liability.

Rep. William Oberle [R]

Sen. Karen Peterson [D]

Sen. David Sokola [D]

Date	Chamber	Action
2010-06-30		Stricken
2010-06-23		Reported Out of Committee (JUDICIARY) in Senate with 3 On Its Merits
2010-05-04		Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/bd2a113db13c5bd1852576ea005211bc?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+243/$file/legis.html?open