(a)  Except as provided in subsection (b), any person who suffers damage, as provided in § 3-14-8, may bring an action under this chapter. This chapter shall not be construed to limit any currently existing common law or statutory right.

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Terms Used In Rhode Island General Laws 3-14-4

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Liquor: means any intoxicating beverage which contains more than three and two tenths percent (3. See Rhode Island General Laws 3-14-3
  • Person: means any individual, governmental body, corporation, or other legal entity. See Rhode Island General Laws 3-14-3

(b)  The following persons may not bring an action under this chapter against a defendant for negligently serving liquor to an individual, but may bring an action under this chapter against a defendant for recklessly serving liquor to an individual:

(1)  The intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant;

(2)  The estate of the intoxicated tortfeasor if he or she was at least twenty-one (21) years old when served by the defendant; and

(3)  Any person asserting claims arising out of the personal injury or death of the intoxicated tortfeasor if the intoxicated tortfeasor was at least twenty-one (21) years old when served.

History of Section.
P.L. 1986, ch. 537, § 2.