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WPI 370.10 Furnishing Alcohol to Minors—Commercial Vendor—Minor Transferee—Burden of Proof

6A WAPRAC WPI 370.10Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 370.10 (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 370.10 Furnishing Alcohol to Minors—Commercial Vendor—Minor Transferee—Burden of Proof
[On(name of plaintiff)'s claim that(name of defendant)was negligent in [selling] [serving] [furnishing] alcohol to(name of minor purchaser),](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 purchaser);
(3) That(name of defendant)failed to take reasonable precautions to verify(name of minor purchaser)'s age before [selling] [serving] [furnishing] alcohol to [him] [her];
(4) That it was foreseeable that(name of minor purchaser)would share the alcohol with [(name of minor transferee)] [another minor] [other minors]; and
(5) That the [sale] [service] [furnishing] of alcohol to(name of minor purchaser)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 if the case involves a claim of injury arising from a minor purchaser's transfer of alcohol to another minor. Use WPI 370.07 (Furnishing Alcohol to Minors—Duty of Commercial Vendor) and WPI 370.09 (Furnishing Alcohol To Minors—Commercial Vendor—Minor Transferee) with this instruction.
Use bracketed material as applicable. If the furnishing of alcohol to a minor who shared the alcohol with another minor is the only claim in the case, do not use 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.
[Current as of February 2021.]
End of Document