Deckard v. Bunch

Summary

The Oregon Supreme Court held that ORS 471.565(2) does not create an independent statutory cause of action against a social host who serves alcohol to a visibly intoxicated guest. Instead, the statute limits common-law liability, which requires proof that the host knew or should have known of an unreasonable risk of harm when serving the guest. The court reversed the Court of Appeals and affirmed the circuit court’s judgment.

Holdings

1. ORS 471.565(2) does not provide an independent statutory right of action against a social host or commercial alcohol provider for serving alcohol to a visibly intoxicated person.
2. A plaintiff pursuing common-law negligence liability under ORS 471.565 must still establish that, when the defendant served the visibly intoxicated person, the defendant knew or should have known of an unreasonable risk of harm to a third party and that the relevant harm was reasonably foreseeable.
3. The circuit court properly dismissed plaintiff's statutory liability claim under ORCP 21 A(8), because ORS 471.565(2) did not provide the independent cause of action alleged.

Questions Presented

1. Whether ORS 471.565(2) creates an independent statutory right of action against a social host who furnishes alcohol to a visibly intoxicated guest who subsequently injures a third party.
2. Whether the 1979 enactment and later amendments to the statute eliminated the common-law negligence requirement that the defendant knew or should have known of an unreasonable and foreseeable risk of harm.
3. Whether the trial court properly dismissed plaintiff's statutory liability claim under ORCP 21 A(8).

Disposition

reversed