Idaho State Statutes - Idaho Attorney Directory

(1) The
legislature finds that it is not the furnishing of alcoholic beverages that is
the proximate cause of injuries inflicted by intoxicated persons and it is the
intent of the legislature, therefore, to limit dram shop and social host
liability; provided, that the legislature finds that the furnishing of
alcoholic beverages may constitute a proximate cause of injuries inflicted by
intoxicated persons under the circumstances set forth in subsection (3) of
this section.
(2) No claim or cause of action may be brought by or on behalf of any
person who has suffered injury, death or other damage caused by an intoxicated
person against any person who sold or otherwise furnished alcoholic beverages
to the intoxicated person, except as provided in subsection (3) of this
section.
(3) A person who has suffered injury, death or any other damage caused by
an intoxicated person, may bring a claim or cause of action against any person
who sold or otherwise furnished alcoholic beverages to the intoxicated person,
only if:
(a) The intoxicated person was younger than the legal age for the
consumption of alcoholic beverages at the time the alcoholic beverages
were sold or furnished and the person who sold or furnished the alcoholic
beverages knew or ought reasonably to have known at the time the alcoholic
beverages were sold or furnished that the intoxicated person was younger
than the legal age for consumption of the alcoholic beverages; or
(b) The intoxicated person was obviously intoxicated at the time the
alcoholic beverages were sold or furnished, and the person who sold or
furnished the alcoholic beverages knew or ought reasonably to have known
that the intoxicated person was obviously intoxicated.
(4) (a) No claim or cause of action pursuant to subsection (3) of this
section shall lie on behalf of the intoxicated person nor on behalf of the
intoxicated person's estate or representatives.
(b) No claim or cause of action pursuant to subsection (3) of this
section shall lie on behalf of a person who is a passenger in an
automobile driven by an intoxicated person nor on behalf of the
passenger's estate or representatives.
(5) No claim or cause of action may be brought under this section against
a person who sold or otherwise furnished alcoholic beverages to an intoxicated
person unless the person bringing the claim or cause of action notified the
person who sold or otherwise furnished alcoholic beverages to the intoxicated
person within one hundred eighty (180) days from the date the claim or cause
of action arose by certified mail that the claim or cause of action would be
brought.
(6) For the purposes of this section, the term "alcoholic beverage" shall
include alcoholic liquor as defined in section 23-105, Idaho Code, beer as
defined in section 23-1001, Idaho Code, and wine as defined in section
23-1303, Idaho Code.

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