WPI 370.09 Furnishing Alcohol to Minors—Commercial Vendor—Minor Transferee

Use this instruction if the case involves a minor's transfer of alcohol to another minor and there is an issue as to whether such a transfer was foreseeable.

An alcohol vendor is only responsible for the foreseeable consequences of the vendor's actions. E.g., Schooley v. Pinch's Deli Market, 134 Wn.2d 468, 481, 951 P.2d 749 (1998); Crowe v. Gaston, 134 Wn.2d 509, 516, 951 P.2d 1118 (1998); Burkhart v. Harrod, 110 Wn.2d 381, 395, 755 P.2d 759 (1988). “If a trier of fact could reasonably find it foreseeable that the negligent sale of alcohol to a minor risks exposing other minors to injury, then it may hold the vendor liable for injuries proximately caused by the sale.” Rinks v. Bearss, 83 Wn.App. 334, 338, 921 P.2d 558 (1996).

Whether it was foreseeable that a minor who obtained alcohol from a commercial vendor would share the alcohol with other minors, resulting in injury either to such other minors or to third persons, is generally a question of fact for the jury. Schooley, 134 Wn.2d at 477; Crowe, 134 Wn.2d at 517. In determining whether it was foreseeable, the jury may consider, but is not limited to considering, “the amount and character of the beverages purchased, the time of day, the presence of other minors on the premises or in a vehicle, and statements made by the purchaser.” Schooley, 134 Wn.2d at 477–78; see also Crowe, 134 Wn.2d at 517.