The Judiciary Committee heard testimony March 3 on a bill that would create a cause of action against bartenders or liquor license holders that serve alcohol to an intoxicated person.<\/p>\n
LB693, introduced by Holdrege Sen. Tom Carlson, would give a person who sustains injury or property damage, or the estate of any person killed as a direct result from negligence of an intoxicated person, a cause of action against the licensee who served alcohol to the intoxicated person.<\/p>\n
The bill also would require retailers to have liability insurance in an amount determined by the Nebraska Liquor Control Commission.<\/p>\n
Selling liquor by the drink to an obviously intoxicated person is not showing responsible service, Carlson said. LB693 creates a cause of action, in addition to those available in tort law, against a server who knew a person would become intoxicated, he said.<\/p>\n
\u201cMy feelings of anger are heightened when I read about someone being killed by a drunk driver,\u201d Carlson said.<\/p>\n
Tom Osborne, athletic director for the University of Nebraska \u2013 Lincoln, testified as an individual in support of the bill, saying that drinking establishments have some liability in alcohol-related incidents.<\/p>\n
\u201cA person serving drinks is in the best position to know when the overconsumption of alcohol is occurring,\u201d Osborne said.<\/p>\n
Anna Jo Cowan, whose father was killed by a drunk driver, testified in support of the bill.<\/p>\n
Cowan said the woman who caused the accident was overserved at a bar and allowed to drive while intoxicated. The driver\u2019s blood alcohol content was 0.146, she added. The legal limit is 0.08.<\/p>\n
\u201cI will not forget that night and I definitely will not forget that pain,\u201d Cowan said. \u201cEvery other business has to have liability insurance \u2014 why should that exclude the bar industry?\u201d<\/p>\n
Robert Moodie, representing the Nebraska Association of Trial Attorneys, also testified in support of LB693, saying a plaintiff must establish that a licensee served alcohol to someone they knew was intoxicated already. There is a burden of proof on those making a claim under the bill, he added.<\/p>\n
\u201cThis does not shift responsibility for these accidents away from the drunk driver,\u201d Moodie said. \u201cIt is an additional consequence.\u201d<\/p>\n
Troy Falk, owner of Doc\u2019s Place in Lincoln, testified in opposition to the bill, saying his staff is trained not to overserve alcohol to customers.<\/p>\n
\u201cAs a small business owner, my number one goal is the safety of my employees and patrons,\u201d he said.<\/p>\n
In addition, Falk said, LB693 is not needed because current laws already address the issue.<\/p>\n
Brian Kitten, owner of Brewsky\u2019s sports bar, also testified in opposition to the bill, saying the requirement for liability insurance could be overwhelming for small business owners.<\/p>\n
\u201cIt would be plausible that I could face over $50,000 in insurance [premiums] per year,\u201d Kitten said, which could force him to lay off employees.<\/p>\n
The committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"
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