LRB-3340/3
ARG:jld&wlj:pg
2001 - 2002 LEGISLATURE
December 6, 2001 - Introduced by Senators Huelsman, Decker, Cowles, Darling,
Baumgart, Kanavas and
Roessler, cosponsored by Representatives Ladwig,
Stone, Leibham, Krug, Urban, Jeskewitz, Kestell, Hahn, Starzyk, Gronemus,
Turner, Musser, Lassa, Nass, Krawczyk, Albers, Freese, M. Lehman,
Ainsworth, Lippert, Ward, Ott and Meyerhofer. Referred to Committee on
Judiciary, Consumer Affairs, and Campaign Finance Reform.
SB341,1,2
1An Act to create 125.036 of the statutes;
relating to: civil liability relating to
2alcohol beverages.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person is immune from civil
liability arising from the act of procuring alcohol beverages for or selling, dispensing,
or giving away alcohol beverages to another person. In the recent case of Stephenson
v. Universal Metrics, 2001 WI App 128 (May 15, 2001), the defendant stated that he
would provide transportation for an intoxicated person from a work-related social
event and then failed to do so. The plaintiff was killed by the intoxicated person in
an automobile accident that occurred as the intoxicated person drove home from the
social event. The Wisconsin court of appeals held that the defendant was not immune
from liability for offering to provide transportation for an intoxicated person and
then failing to do so.
This bill provides that no civil liability may be imposed on a person for the act
of offering to furnish transportation for another person who is or later becomes
intoxicated and then failing to provide transportation if the intoxicated person
causes the death of or injury to a third party by means of the intoxicated person's
operation of a motor vehicle.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB341, s. 1
1Section
1. 125.036 of the statutes is created to read:
SB341,2,3
2125.036 Civil liability exemption: offering to furnish transportation.
3(1) In this section, "person" has the meaning given in s. 990.01 (26).
SB341,2,7
4(2) Any person who offers to furnish transportation for another person who is
5or later becomes intoxicated is immune from civil liability for the death of or injury
6to the intoxicated person or a third party caused by the intoxicated person's operation
7of a motor vehicle.
SB341,2,109
(1) This act first applies to offers to furnish transportation made on the effective
10date of this subsection.
