COMMITTEE ON GOVERNMENT OPERATIONS, VETERAN 
AFFAIRS AND CONSUMER PROTECTION 
03/23/2026-HELD IN COMMITTEE 
BILL NO. 
36-0113 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
July 10, 2025 
 
 
 
An act amending title 8 Virgin Islands Code, chapter 4 to assess liability on businesses that 
serve intoxicating beverages to patrons that have overconsumed the beverages 
 
 
 
PROPOSED BY: 
 
 
Senator Carla J. Joseph 
 
WHEREAS, drunk driving causes substantial costs to the Virgin Islands; 
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WHEREAS, there are innocent persons who are injured in car wrecks by drunk drivers 
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who were clearly over-served to the financial benefit of the bar or restaurant; 
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WHEREAS, criminal laws serve to punish those persons who drive while intoxicated 
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but the enactment of “The No Liability for Bars Act in title 8 Virgin Islands Code chapter 4, 
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section 161 practically removed all liability from bars or restaurants for over-serving a clearly 
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intoxicated patron leaving innocent people little recourse for their injuries; 
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WHEREAS, those businesses and persons who benefit financially from the over-service 
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of alcohol should bear some of the cost of the injury or death of innocent persons from car 
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wrecks due to alcohol over service; 
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WHEREAS, this cost can be mitigated by safe alcohol serving procedures and proper 
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insurance; 
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2 
 
WHEREAS a more balanced law would help protect the innocent by preventing the 
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incentive to over-serve those persons clearly intoxicated and, further, helps innocent people 
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recover damages for those who are injured by a drunk driver where over-service can be proven; 
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WHEREAS, more balanced laws championed by Mothers Against Drunk Driving 
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(“MADD”) have been enacted in Alabama, Arizona, Arkansas, Colorado, Connecticut, District 
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of Columbia, Georgia, Illinois, Indiana, Idaho, Iowa, Kentucky, Massachusetts, Maine, New 
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Mexico, New York, North Dakota, New Hampshire, Rhode Island, Ohio, Oregon, and 
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Vermont; 
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WHEREAS, Idaho and Rhode Island have been selected as models for a dram shop law 
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due to the simplicity of their laws and fairness to businesses and innocent persons injured and 
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that Idaho and Rhode Island, like the Virgin Islands, are small population states; 
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WHEREAS, the primary legislative purpose of this chapter is to prevent intoxication-
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related injuries, deaths and other damages to Virgin Islanders and those visiting the territory; 
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WHEREAS, the secondary legislative purposes are to establish a legal basis for 
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obtaining compensation for innocent persons who suffered damages as a result of intoxication 
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related car accidents in accordance with this chapter and to allocate the liability for payment of 
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damages fairly among those responsible for the damages to innocent persons harmed and to 
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encourage all servers of alcohol to exercise responsible serving practices and to discourage the 
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irresponsible consumption of alcohol, to increase the availability and usage of liquor liability 
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insurance, and to reinforce the public safety message, ‘do not drink and drive’; 
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WHEREAS, this act would also protect businesses by eliminating liability by the 
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intoxicated first-party and limiting liability to a small class of innocent persons who are injured 
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in motor vehicle accidents; Now, Therefore, 
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Be it enacted by the Legislature of the Virgin Islands:  
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SECTION 1.  Title 8 Virgin Islands Code, chapter 4 is amended by striking section 161 
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and inserting the following section 161: 
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3 
 
Ҥ161.  Liquor Liability for Over-Service. 
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(1) 
Limitations of Liquor Liability.  Furnishing of alcoholic beverages may 
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constitute a proximate cause of injuries inflicted by intoxicated persons only in limited 
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circumstances.  No claim or cause of action may be brought by or on behalf of any person 
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who has suffered injury, death or other damage caused by an intoxicated person against 
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any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, 
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except as provided in this section. 
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(2) 
Innocent Persons.  A person who has suffered injury, death or any other 
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damage due to a motor vehicle accident caused by an intoxicated person, may bring a 
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claim or cause of action against any person who sold or otherwise furnished alcoholic 
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beverages to the intoxicated person if: 
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(a) 
The intoxicated person was younger than the legal age for the 
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consumption of alcoholic beverages at the time the alcoholic beverages were sold 
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or furnished and the person who sold or furnished the alcoholic beverages knew or 
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should have known at the time the alcoholic beverages were sold or furnished that 
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the intoxicated person was younger than the legal age for consumption of the 
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alcoholic beverages; or 
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(b) 
The intoxicated person was visibly intoxicated at the time the alcoholic 
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beverages were sold or furnished, and the person who sold or furnished the 
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alcoholic beverages knew or should have known under a reasonably prudent person 
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standard that the intoxicated person was visibly intoxicated and foreseeably 
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presented a danger to himself or others. 
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(c) 
This section is inapplicable to a person who is not operating a motor 
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vehicle. 
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(3) 
Intoxicated Persons and Passengers. 
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(a) 
No claim or cause of action may be brought by the intoxicated person 
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or on behalf of the intoxicated person’s estate or representatives under this section. 
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(b) 
No claim or cause of action may be brought by a person who is a 
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passenger in an motor vehicle driven by an intoxicated person or on behalf of the 
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passenger’s estate or representatives under this section, unless the passenger was 
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under the age of 21 years old. 
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BILL SUMMARY 
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This bill limits a legal claim to only innocent persons who are struck by a drunk driver in 
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a car accident.  The innocent person must prove that the person driving was intoxicated and 
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that prior to the car accident a server continued to over-serve alcohol to the obviously 
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intoxicated person.  The current law requires showing service to a person “habitually addicted” 
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which is an archaic standard of proof.  The drunk driver and any passengers in the drunk 
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driver’s car have no legal right to bring an action against the server (unless the passenger is 
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under that age of 21 and thus may not have had the ability to refuse riding in the vehicle or was 
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unable to understand the driver was intoxicated 
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BR25-0340/June 12, 2025/AA 
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