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WPI 370.08 Furnishing Alcohol to Minors—Commercial Vendor—Burden of Proof

6A WAPRAC WPI 370.08Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 370.08 (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 370.08 Furnishing Alcohol to Minors—Commercial Vendor—Burden of Proof

[On(name of plaintiff)'s claim that(name of defendant)negligently [sold] [served] [furnished] alcohol to(name of minor), a minor,](name of plaintiff)has the burden of proving each of the following propositions:

(1) That(name of defendant)was a commercial vendor of alcohol;

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

(3) That(name of defendant)failed to take reasonable precautions to verify(name of minor)'s age before [selling] [serving] [furnishing] alcohol to [him] [her]; and

(4) That the [sale] [service] [furnishing] of alcohol to(name of minor)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 for claims that a commercial vendor negligently furnished alcohol to a minor and proximately caused injury to that minor or to third persons injured by that minor. Use WPI 370.10 (Furnishing Alcohol to Minors—Commercial Vendor—Minor Transferee—Burden of Proof) instead of this instruction if the case involves a claim of injury resulting from a minor purchaser's transfer of alcohol to another minor.

Use this instruction with WPI 370.07 (Furnishing Alcohol to Minors—Duty of Commercial Vendor).

Use the bracketed language as applicable. If the furnishing of alcohol to a minor is the only claim in the case, do not include the bracketed language in the first and last paragraphs.

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

COMMENT

For a discussion of issues relating to this instruction, see the Comment to WPI 370.07 (Furnishing Alcohol to Minors—Duty of Commercial Vendor).

[Current as of February 2021.]

End of Document