What is the Law in California for the Sale of Alcoholic Beverages to Intoxicated Minors - California Civil Jury Instruction CACI 422

California Law

CA Civil Jury Instructions

CACI 422 - Sale of Alcoholic Beverages to Intoxicated Minors

As of September 1, 2010

California Civil Jury Instruction CACI 422

[Name of plaintiff] claims [name of defendant] is responsible for [his/

her] harm because [name of defendant] sold or gave alcoholic

beverages to [name of alleged minor], a minor who was already

obviously intoxicated.

To establish this claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] was [licensed/authorized/required

to be licensed or authorized] to sell alcoholic beverages;

2. That [name of defendant] sold or gave alcoholic beverages to

[name of alleged minor];

3. That [name of alleged minor] was less than 21 years old at

the time;

4. That when [name of defendant] provided the alcoholic

beverages, [name of alleged minor] displayed symptoms that

would lead a reasonable person to conclude that [he/she]

was obviously intoxicated;

5. That [name of alleged minor] harmed [name of plaintiff]; and

6. That [name of defendant]’s selling or giving alcoholic

beverages to [name of alleged minor] was a substantial

factor in causing [name of plaintiff’s] harm.

In deciding whether [name of alleged minor] was obviously

intoxicated, you may consider whether [he/she] displayed one or

more of the following symptoms to [name of defendant] before the

alcoholic beverages were provided: impaired judgment; alcoholic

breath; incoherent or slurred speech; poor muscular coordination;

staggering or unsteady walk or loss of balance; loud, boisterous, or

argumentative conduct; flushed face; or other symptoms of

intoxication. The mere fact that [name of alleged minor] had been

drinking is not enough.

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