35-11-1      Legislative finding--Abrogation of former rule.
35-11-2      Social hosts not liable.

35-11-1. Legislative finding--Abrogation of former rule.

The Legislature finds that the consumption of alcoholic beverages, rather than the serving of alcoholic beverages, is the proximate cause of any injury inflicted upon another by an intoxicated person. Therefore, the rule in Walz v. City of Hudson, 327 N.W. 2nd 120 (S.D. 1982) is hereby abrogated.

Source: SL 1985, ch 295, § 1.

35-11-2. Social hosts not liable.

No social host who furnishes any alcoholic beverage is civilly liable to any injured person or injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the consumption of the alcoholic beverage.

Source: SL 1985, ch 295, § 3; SL 2008, ch 37, § 208.