ORS 471.565
Liability for providing or serving alcoholic beverages to intoxicated person

  • notice of claim

(1)

A patron or guest who voluntarily consumes alcoholic beverages served by a person licensed by the Oregon Liquor and Cannabis Commission, a person holding a permit issued by the commission or a social host does not have a cause of action, based on statute or common law, against the person serving the alcoholic beverages, even though the alcoholic beverages are served to the patron or guest while the patron or guest is visibly intoxicated. The provisions of this subsection apply only to claims for relief based on injury, death or damages caused by intoxication and do not apply to claims for relief based on injury, death or damages caused by negligent or intentional acts other than the service of alcoholic beverages to a visibly intoxicated patron or guest.

(2)

A person licensed by the Oregon Liquor and Cannabis Commission, person holding a permit issued by the commission or social host is not liable for damages caused by intoxicated patrons or guests unless the plaintiff proves by clear and convincing evidence that:

(a)

The licensee, permittee or social host served or provided alcoholic beverages to the patron or guest while the patron or guest was visibly intoxicated; and

(b)

The plaintiff did not substantially contribute to the intoxication of the patron or guest by:

(A)

Providing or furnishing alcoholic beverages to the patron or guest;

(B)

Encouraging the patron or guest to consume or purchase alcoholic beverages or in any other manner; or

(C)

Facilitating the consumption of alcoholic beverages by the patron or guest in any manner.

(3)

Except as provided in subsection (4) of this section, an action for damages caused by intoxicated patrons or guests off the premises of a person licensed by the Oregon Liquor and Cannabis Commission, a person holding a permit issued by the commission or a social host may be brought only if the person asserting the claim has given the licensee, permittee or social host the notice required by subsection (5) of this section within the following time periods:

(a)

If a claim is made for damages arising out of wrongful death, notice must be given within one year after the date of death, or within one year after the date that the person asserting the claim discovers or reasonably should have discovered the existence of a claim under this section, whichever is later.

(b)

If a claim is made for damages for injuries other than wrongful death, notice must be given within 180 days after the injury occurs, or within 180 days after the person asserting the claim discovers or reasonably should have discovered the existence of a claim under this section, whichever is later.

(4)

The time provided for the giving of notice under subsection (3) of this section does not include any period during which:

(a)

The claimant is under 18 years of age;

(b)

The claimant is unable to give notice by reason of the injury or by reason of being financially incapable, as defined in ORS 125.005 (Definitions), or is incapacitated, as defined in ORS 125.005 (Definitions); or

(c)

The claimant is unable to determine that the licensee, permittee or social host is liable because the patron or guest who caused the damages asserts a right against self-incrimination and cannot be compelled to reveal the identity of the licensee, permittee or social host, or cannot be compelled to reveal facts that would establish the liability of the licensee, permittee or social host.

(5)

A licensee, permittee or social host shall be considered to have been given notice for the purposes of this section if:

(a)

The licensee, permittee or social host is given formal notice in the manner specified in subsection (6) of this section;

(b)

The licensee, permittee or social host receives actual notice as described in subsection (7) of this section;

(c)

An action is commenced by or on behalf of the claimant within the period of time specified by subsections (3) and (4) of this section; or

(d)

Any payment on the claim is made to the claimant by or on behalf of the licensee, permittee or social host.

(6)

Formal notice of a claim subject to this section must be in writing, must be mailed to the licensee, permittee or social host, or personally served on the licensee, permittee or social host, and must contain all of the following:

(a)

A statement that a claim for damages is made against the licensee, permittee or social host.

(b)

A description of the time, place and circumstances giving rise to the claim, so far as known to the claimant.

(c)

The name of the claimant and mailing address for the claimant to which correspondence regarding the claim may be mailed.

(7)

For the purposes of this section, “actual notice” means any communication to a licensee, permittee or social host that gives the licensee, permittee or social host actual knowledge of the time, place and circumstances of the claim, if the communication is such that a reasonable person would conclude that a particular person intends to assert a claim against the licensee, permittee or social host. [Formerly 30.950; 2021 c.351 §123]
Note: 471.565 (Liability for providing or serving alcoholic beverages to intoxicated person) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 471 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 471.565 — Liability for providing or serving alcoholic beverages to intoxicated person; notice of claim, https://www.­oregonlegislature.­gov/bills_laws/ors/ors471.­html.

Notes of Decisions

This section does not create claim in favor of intoxicated patrons injured off premises as result of own intoxication against OLCC licensees who serve them when visibly intoxicated. Sager v. McClenden, 296 Or 33, 672 P2d 697 (1983)

This section sets standard for civil liability to third parties as being “visibly intoxicated” which is not necessarily the same as being “under the influence of intoxicating liquor”; testimony of officer concerning blood alcohol standard for being under the influence of intoxicating liquor was not relevant. Chartrand v. Coos Bay Tavern, 68 Or App 879, 683 P2d 139 (1984), aff’d 298 Or 689, 696 P2d 513 (1985)

When the act of serving intoxicated persons is found to meet requisite disregard of social obligations, award of punitive damages is allowable under this section. Pfeifer v. Copperstone Restaurant and Lounge, 71 Or App 599, 693 P2d 644 (1984)

The term “visibly intoxicated” in this section includes intoxication by controlled substances or alcohol or both. Blunt v. Bocci, 74 Or App 697, 704 P2d 534 (1985), Sup Ct review denied

When statute provides that tavern owner is liable for acts of person who has been served alcoholic liquor while visibly intoxicated, legislature has resolved foreseeability issue as matter of law, and plaintiff protected by such statute need not resort to any concepts of negligence. Chartrand v. Coos Bay Tavern, 298 Or 689, 696 P2d 513 (1985)

Recovery for damages caused by intoxicated patron or guest is limited to damages caused by drunk driving. Gattman v. Favro, 306 Or 11, 757 P2d 402 (1988)

Stepfather buying drinks for stepson in public tavern was “social host.” Solberg v. Johnson, 306 Or 484, 760 P2d 867 (1988)

To state common law negligence claim that is not barred by [former] ORS 30.950, plaintiff must allege that licensee or permittee served alcohol to the person who injured plaintiff when that person was visibly intoxicated. Hawkins v. Conklin, 307 Or 262, 767 P2d 66 (1988)

Social host is not barred from seeking damages for third-party defendant’s service of visibly intoxicated social guest. Grady v. Cedar Side Inn, Inc., 154 Or App 622, 963 P2d 36 (1998), aff’d 330 Or 42, 997 P2d 197 (2000)

Where evidence indicated that defendant had control over alcohol supply from which visibly-intoxicated guest consumed alcohol, defendant “served or provided” guest with alcohol and material issue of fact existed as to whether defendant was liable for harm caused by intoxicated guest which precluded rendition of summary judgment. Baker v. Croslin, 264 Or App 196, 330 P3d 698 (2014), aff’d 359 Or 147, 376 P3d 267 (2016)

Plaintiff, who was injured in motor vehicle accident by defendant, who consumed alcohol at home of social host prior to driving, does not have right of action against social host under this section because this section does not impose statutory duty or liability on social host and does not provide right of action against social host that has elements independent of plaintiff’s claim for common-law negligence. Deckard v. Bunch, 358 Or 754, 370 P3d 478 (2016)

Because statute did not alter common law duties owed by servers of alcohol but did eliminate remedies that would have been cognizable under general common law negligence principles that existed prior to statute’s enactment, statute is unconstitutional under remedies clause of Article I, section 10, of Oregon Constitution. Schutz v. La Costita III Inc., 288 Or App 476, 406 P3d 66 (2017), aff’d on other grounds, 364 Or 536, 436 P3d 776 (2019)

Provision that prohibits patron of tavern from bringing personal injury claim against tavern that overserves liquor to patron does not bar defendant patron from impleading tavern in personal injury claim against patron brought by third party. Wilda v. Roe, 290 Or App 599, 415 P3d 1146 (2018)

Section imposes unusual burden on injured plaintiff to prove negative as part of claim, i.e., that injured plaintiff did not substantially contribute to intoxication of defendant who caused plaintiff’s injury. Mason v. BCK Corp., 292 Or App 580, 426 P3d 206 (2018), Sup Ct review denied

“Substantially contribute” carries more specialized meaning that it has in tort context: that injured plaintiff’s conduct was significant and material factor in defendant’s intoxication such that reasonable persons would regard plaintiff’s conduct as cause-in-fact of defendant’s intoxication, not of plaintiff’s injury. Mason v. BCK Corp., 292 Or App 580, 426 P3d 206 (2018), Sup Ct review denied

To determine whether injured plaintiff substantially contributed to defendant’s intoxication, “providing,” “furnishing,” “encouraging” and “facilitating” are to be broadly construed. Mason v. BCK Corp., 292 Or App 580, 426 P3d 206 (2018), Sup Ct review denied

Immunity of server or social host from liability to patron or guest applies only to actions taken in role of server or social hoist. Schutz v. La Costita III, Inc. 364 Or 536, 436 P3d 776 (2019)

Law Review Citations

16 WLR 191 (1979); 23 WLR 93, 105 (1987); 24 WLR 306 (1988); 68 OLR 242 (1989); 27 WLR 829 (1991); 77 OLR 497 (1998)

471.001
Definitions for ORS chapters 471 and 473
471.023
“Cider” defined
471.027
Short title
471.030
Purpose of Liquor Control Act
471.035
Certain products excepted from liquor laws
471.037
Homemade beer, wine and fermented fruit juice exemption from liquor laws
471.038
Nonbeverage food products
471.039
Certain cruise ships exempt from liquor laws
471.040
General powers and duties of the commission
471.045
Liquor laws supersede and repeal inconsistent charters and ordinances
471.105
Purchaser’s qualifications
471.115
Limitations on purchasing may be imposed
471.130
Requiring statement of age or identification from certain purchasers
471.135
False statement of age
471.155
Commission’s licensing duties
471.157
Licenses issuable
471.159
Enclosure of licensed premises
471.162
Exemptions from license requirement
471.164
Authority of cities and counties over establishments that offer entertainment or serve alcoholic beverages
471.166
Local government recommendations on license issuance and renewal
471.168
Certain licensees required to maintain liquor liability insurance or bond
471.175
Full on-premises sales license
471.176
Sale of mixed drinks and single servings of wine by holder of full on-premises sales license
471.178
Limited on-premises sales license
471.180
In-room supply of alcoholic beverages by hotel or arena
471.182
Issuance of full or limited on-premises sales license to public passenger carrier
471.184
Catering and other temporary off-premises service under full or limited on-premises sales license
471.186
Off-premises sales license
471.190
Temporary sales license
471.192
Purchases by Indian tribe
471.194
Purchases by airline
471.200
Brewery-public house license
471.221
Brewery license
471.223
Winery license
471.227
Grower sales privilege license
471.230
Distillery license
471.235
Wholesale malt beverage and wine license
471.242
Warehouse license
471.244
Certificates of approval for malt beverages, cider or wine
471.251
Certificates of approval for distilled liquor
471.268
Homemade malt beverages and wines at licensed premises
471.271
Requirement to report sex trafficking at licensed premises
471.272
Manner of shipping or transporting wine or cider
471.274
Wine self-distribution permit
471.282
Direct shipper permit
471.292
Characteristics of license
471.294
License terms
471.297
Temporary letter of authority on change of ownership
471.305
Delivery of alcoholic beverages
471.310
Cities, counties as licensees
471.311
Application for license
471.313
Grounds for refusing to issue license or for issuing restricted license
471.315
Grounds for cancellation, suspension or restriction of license, requiring training or imposing civil penalty
471.316
Mandatory suspension if licensee fails to prevent certain unlawful drug use or sales on premises
471.318
Commission authority following lapse, suspension or revocation
471.322
Civil penalty in lieu of or in addition to short-term suspension of certain licenses and permits
471.326
Refund of civil penalty if suspension not sustained on judicial review
471.327
Civil penalty in addition to or in lieu of suspending certain other licenses or certificates
471.329
Serious and persistent problems involving noise as grounds for discipline of licensee or applicant
471.331
Notice to licensee when refusal to renew or suspension or cancellation of license based on adverse neighborhood impact
471.333
Effect of sanitation violations
471.341
Mandatory clerk training course for employees of off-premises sales licensees
471.342
Acquisition and use of age verification equipment in lieu of other penalty
471.344
Responsible vendor program
471.346
Uniform standards for minor decoy operations
471.351
Examination of books and premises of licensees
471.360
Service permit required
471.365
Characteristics of permit
471.370
Expiration
471.375
Application
471.380
Grounds for refusing to issue permit
471.385
Grounds for revoking or suspending permit or imposing civil penalty
471.392
Definitions for ORS 471.392 to 471.400
471.394
Prohibition on sales at both wholesale and retail
471.396
Exceptions to prohibition on financial connection between wholesaler and retailer
471.398
Prohibition of financial assistance from wholesaler to retailer
471.400
Exceptions to prohibition of financial assistance
471.401
Purchase of alcoholic liquor advertising space or time from retail licensee
471.402
Sample tastings authorized
471.403
License required to produce alcoholic liquor
471.404
Importing liquor without license prohibited
471.405
Prohibited sales, purchases, possession, transportation, importation or solicitation in general
471.406
Activities covered by prohibitions on sale of alcoholic beverages
471.407
Offer of alcoholic beverages as inducement to make purchases
471.408
Alcoholic liquor may not be given as prize
471.410
Providing liquor to person under 21 or to intoxicated person
471.412
Allowing visibly intoxicated person to consume alcoholic beverages
471.425
Misrepresentations by licensee and others
471.430
Purchase or possession of alcoholic beverages by person under 21
471.432
Examination for problem condition involving alcohol upon conviction
471.434
Immunity for violation of ORS 471.430 when reporting sexual assault crime
471.440
Manufacture, fermentation or possession of mash, wort or wash
471.442
Wine compliance with standards
471.445
Use of misleading mark or label on container
471.446
Seals on wine and cider containers
471.473
Liquor store business loss compensation
471.475
Mixing, storing or serving of liquor without license
471.480
Sale of liquor by certain employees 18 years of age or older
471.482
Sale or service of liquor by employees 18 years of age or older generally
471.485
Payment required on or before delivery of liquor
471.490
Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms
471.495
Report by wholesaler of instruments not paid on presentment required
471.500
Application of ORS 471.485 to 471.495
471.501
Malt beverage container refunds
471.506
Petition and election for local option
471.510
Sales not affected by local option laws
471.515
Effective date of local option
471.541
Alcohol Education Program
471.542
Alcohol server education course and examination
471.547
Alcohol Server Education Advisory Committee
471.549
Civil penalty
471.551
Warning signs required
471.553
Consultation with certain groups on production and posting of signs
471.557
Solicitation of private funds
471.559
Violations
471.561
Production and distribution of signs
471.565
Liability for providing or serving alcoholic beverages to intoxicated person
471.567
Liability for providing alcoholic beverages to minor
471.575
School district culinary arts classes
471.580
Education provider food or beverage career programs
471.605
Duty of officers to enforce and to inform district attorney
471.610
Confiscation of liquor and property by commission
471.615
Duty to notify commission of conviction of licensee
471.620
Property and places as common nuisances
471.625
Lien on place used to unlawfully handle liquor
471.630
Authority to abate nuisance
471.635
Issuance of restraining order
471.640
Service of restraining order
471.645
Temporary injunction
471.650
Nature of permanent injunction
471.655
Owner may defend
471.657
Confiscation and forfeiture for violation of ORS 471.475
471.660
Seizure of conveyance transporting liquor and liquor therein
471.666
Disposal of seized liquor and of vehicle or other conveyance
471.675
Resisting arrest or interfering with enforcement
471.680
Allegation and proof in prosecutions
471.685
Governor authorized to suspend license
471.695
Fingerprinting of license applicants and certain commission employees
471.700
Revocation of license on gambling conviction
471.703
Police notice to commission or social host when certain persons involved in motor vehicle accidents
471.705
Oregon Liquor and Cannabis Commission
471.710
Removal
471.715
Chairperson
471.720
Administrator
471.725
Buying, leasing, contracting and borrowing powers of commission
471.730
Regulatory powers of commission
471.732
Policy relating to sanitation in licensed premises
471.735
Testing and seizure of wines
471.737
Vermouth sales
471.740
Exclusive right of commission to handle certain liquors
471.745
Fixing prices and selling liquor
471.747
Granulated alcohol
471.750
Liquor stores and warehouses
471.752
Agent participation in programs for state employees
471.753
Agent compensation
471.754
Commission to develop recycling education materials
471.757
Statement of financial interest in business of licensee
471.760
Subpoena
471.765
Procedure when person refuses to testify or produce books
471.770
Self-incrimination as a basis for refusing to testify or produce books
471.775
Service of subpoenas
471.790
Commissioners not liable for official acts
471.795
Purchase and use of liquor by member or employee of commission
471.800
Restrictions on out-of-state wine
471.802
Wine label designation of American viticultural area
471.805
Disposition of moneys
471.810
Distribution of available moneys in Oregon Liquor and Cannabis Commission Account
471.817
Alternative transportation organization to report annually
471.990
Penalties
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