2015 ORS § 471.565¹

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 Control 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 Control 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 Control 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]

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.

(formerly 30.950)

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), affd 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 con­ceptss 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 defendants service of visibly intoxicated social guest. Grady v. Cedar Side Inn, Inc., 154 Or App 622, 963 P2d 36 (1998), affd 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), affd 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 plaintiffs claim for common-law negligence. Deckard v. Bunch, 358 Or 754, 370 P3d 478 (2016)

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)

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as hearings advocate at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)


1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.