On April 23, 2024, Ohio legislators introduced a new law that is meant to both save lives and protect alcohol-serving establishments from liability.  Named “Hayden’s Law” after a 25-year-old Summit County resident who died in a car accident after leaving a bar extremely intoxicated, House Bill No. 504 will require alcohol server training and provide civil liability immunity to those establishments who successfully complete and implement the training.

Although the new legislation leaves the specifics of the training to be established by the Superintendent of Ohio’s Division of Liquor Control, the training shall include the following:

• Instruction on the relevant statutes and rules governing the sale of beer, wine, mixed beverages, and intoxicating liquor.
• Instruction on preventing the illegal service of beer, wine, mixed beverages, and intoxicating liquor to underage patrons.
• Instruction on recognizing and when to decrease and stop serving individuals due to the risk of intoxication.
• Instruction on the use of conflict management skills in alcohol-related situations.

Currently, permit holders and their employees can be held liable for the death, personal injury, or property damage occurring on their premises or parking lot which is under their control and was proximately caused by the negligence of the permit holder or its’ employee.  Permit holders and their employees are also liable for personal injury or damages occurring away from their premises if they served a noticeably intoxicated person or underage person and that person’s intoxication proximately caused the death, damage or injury.  However, if signed into law, House Bill No. 504 would provide those who successfully complete and implement the training protocols additional immunity from civil liability.

Hayden’s Law is currently in the early stages of consideration and has a long road ahead before being signed into law.  However, if you are the owner of an establishment that holds a liquor license, it is always a good idea to refresh your memory of Ohio’s laws related to liquor service and establish your own policies regarding same.  You can find additional information on Ohio’s liquor laws, including  a Alcohol Server Knowledge (ASK) program, on the Division of Liquor Control’s Website.

(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)