Sec. 15.5. (a) As used in this section, "furnish" includes barter, deliver, sell, exchange, provide, or give away.
(b) A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless:
(1) the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and
(2) the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.
(c) If a person who is at least twenty-one (21) years of age suffers injury or death proximately caused by the person's voluntary intoxication, the:
(1) person;
(2) person's dependents;
(3) person's personal representative; or
(4) person's heirs;
may not assert a claim for damages for personal injury or death against a person who furnished an alcoholic beverage that contributed to the person's intoxication, unless subsections (b)(1) and (b)(2) apply.
As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Article 5. Crimes and Infractions
7.1-5-10-0.1. Application of Certain Amendments to Chapter
7.1-5-10-1. Times When Sales Unlawful
7.1-5-10-2. Unauthorized Sales Prohibited
7.1-5-10-3. Unauthorized Dealings Prohibited
7.1-5-10-4. Sale of Untaxed Alcoholic Beverages Prohibited
7.1-5-10-5. Sale Without Permit Prohibited
7.1-5-10-6. Sale of Adulterated or Misbranded Beverage Prohibited
7.1-5-10-7. Purchase From Non-Permittee Prohibited
7.1-5-10-8. Solicitation of Certain Orders Prohibited
7.1-5-10-9. Alcoholic Content Regulation
7.1-5-10-10. Huckstering Prohibited
7.1-5-10-11. Sale of Cold Beer Prohibited
7.1-5-10-12. Credit Sales Prohibited; Exceptions
7.1-5-10-13. Cashing of Certain Checks Prohibited
7.1-5-10-15. Sale to Intoxicated Person Prohibited
7.1-5-10-15.5. Person Furnishing Alcoholic Beverage; Civil Liability for Damages; "Furnish" Defined
7.1-5-10-20. Unlawful Acts by Retailers
7.1-5-10-22. Unlawful Sale of Flavored Malt Beverage
7.1-5-10-23. Purchases for Consumption Off the Licensed Premises; Proof of Age
7.1-5-10-25. Alcoholic Beverages Sold for Carryout Prohibited for Certain Restaurants