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WPI 370.03 Furnishing Alcohol—Person Apparently Under the Influence of Alcohol or Obviously Int...

6A WAPRAC WPI 370.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 370.03 (7th ed.)

Washington Practice Series TM

Washington Pattern Jury Instructions--Civil

April 2022 Update

Washington State Supreme Court Committee on Jury Instructions

Part XX. Alcohol Liability

Chapter 370. Liability for Furnishing Alcohol

WPI 370.03 Furnishing Alcohol—Person Apparently Under the Influence of Alcohol or Obviously Intoxicated Person—Burden of Proof

[On(name of plaintiff)'s claim that(name of defendant)was negligent in [selling] [serving] [furnishing] alcohol to(name of person),](name of plaintiff)has the burden of proving each of the following propositions:

(1) That(name of defendant)was a [commercial vendor of alcohol] [or] [quasi-commercial host];

(2) That(name of defendant)[sold] [served] [furnished] alcohol to(name of person);

(3) That(name of person)was [apparently under the influence of alcohol] [obviously intoxicated] at the time(name of defendant)[sold] [served] [furnished] [him] [her] the alcohol; and

(4) That the [sale] [service] [furnishing] of alcohol to(name of person)while [he] [she] was [apparently under the influence of alcohol] [obviously intoxicated] was a proximate cause of(name of plaintiff or decedent)'s [injury] [death].

If you find from your consideration of all of the evidence that each of these propositions has been proved, your verdict should be for(name of plaintiff)[on this claim]. On the other hand, if you find that any of these propositions has not been proved, your verdict should be for(name of defendant)[on this claim].

NOTE ON USE

Use this instruction with WPI 370.01 (Furnishing Alcohol—Person Apparently Under the Influence of Alcohol or Obviously Intoxicated Person—Duty).

Use the bracketed material as applicable. If the furnishing of alcohol to an intoxicated person is the only claim in the case, do not use the bracketed language in the first and last paragraphs.

If the issue in the case involves a criminal assault by an obviously intoxicated patron, use WPI 370.05 (Furnishing Alcohol—Obviously Intoxicated Person—Assault—Burden of Proof) instead of this instruction.

Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) with this instruction.

[Current as of February 2021.]

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