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WPI 370.11 Furnishing Alcohol to Minors—Commercial Vendor—Certification Card Defense

6A WAPRAC WPI 370.11Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 370.11 (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 370.11 Furnishing Alcohol to Minors—Commercial Vendor—Certification Card Defense
It is a complete defense to an action for damages for injuries arising out of a commercial [sale] [service] [furnishing] of alcohol to a minor that the commercial vendor [through its employee(s)] checked the buyer's identification and had the buyer sign a proper certification card.
NOTE ON USE
Use this instruction if there is evidence that the vendor checked the buyer's identification and had the buyer sign a certification card. If there is an issue as to whether the certification card meets the statutory requirements of RCW 66.20.190, an additional instruction setting forth those requirements should be used.
COMMENT
RCW 66.20.210(1) provides that:
No licensee or the agent or employee of the licensee may be prosecuted criminally or be sued in any civil action for serving liquor to a person under legal age to purchase liquor if such person has presented a card of identification in accordance with RCW 66.20.180, and has signed a certification card as provided in RCW 66.20.190.
If the commercial vendor complies with these steps, but the minor still purchases alcohol, the vendor is immune from civil liability with regard to the sale of alcohol to the minor. Schooley v. Pinch's Deli Market, 134 Wn.2d 468, 481, 951 P.2d 749 (1998); Crowe v. Gaston, 134 Wn.2d 509, 518–19, 951 P.2d 1118 (1998). As the court explained in Schooley v. Pinch's Deli Market, 134 Wn.2d 468, 481, 951 P.2d 749 (1998):
The alcohol vendor … has full control at the point of sale. The duty is not onerous, all the vendor has to do is ask the purchaser for valid identification in order to verify that he or she is of legal age to purchase alcohol. See RCW 66.20.180. Moreover, the alcohol vendor has within its own control the power to immunize itself from liability for a minor's alcohol-related conduct. If, after a purchaser presents identification, the vendor still has doubts about the purchaser's age the vendor can fill out and have the purchaser sign a certification card complying with RCW 66.20.190. If the vendor completes these simple steps, but, nevertheless, the minor purchases alcohol, the vendor is immune from any criminal or civil liability regarding the sale of alcohol to the minor.
Under RCW 66.20.190, a certification card should be a five-inch by eight-inch card containing in bold-face type a statement that “the signer understands that conviction for unlawful purchase of alcoholic beverages or misuse of the certification card may result in criminal penalties including imprisonment or fine or both.” An accurate description and serial number of the identification presented by the signer should be recorded on the certification card.
[Current as of February 2021.]
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