§ 3-14-7 - Liability for reckless service of liquor. - Rhode Island Statutes

SECTION 3-14-7

   § 3-14-7  Liability for reckless service ofliquor. – (a) A defendant, as defined in § 3-14-5, who recklessly provides liquor toa minor is liable for damages proximately caused by that minor's consumption ofthe liquor.

   (b) A defendant, as defined in § 3-14-5, who recklesslyserves liquor to a visibly intoxicated individual is liable for damagesproximately caused by that individual's consumption of the liquor.

   (c) Service of liquor is reckless if a defendantintentionally serves liquor to an individual when the server knows that theindividual being served is a minor or is visibly intoxicated, and the serverconsciously disregards an obvious and substantial risk that serving liquor tothat individual will cause physical harm to the drinker or to others.

   (2) For the purposes of this chapter, the disregard of therisk, when viewed in light of the nature and purpose of the server's conductand the circumstances known to him or her, must involve a gross deviation fromthe standard of conduct that a reasonable and prudent person would observe inthe same situation.

   (d) Specific serving practices that are admissible asevidence of reckless conduct include, but are not limited to, the following:

   (1) Active encouragement of intoxicated individuals toconsume substantial amounts of liquor;

   (2) Service of liquor to an individual who is undertwenty-one (21) years old when the server has actual or constructive knowledgeof the individual's age; and

   (3) Service of liquor to an individual that is so continuousand excessive that it creates a substantial risk of death by alcohol poisoning.