establish civil liability for furnishing alcohol to an obviously intoxicated person.

HB 1236 would amend South Dakota law to remove civil liability immunity for licensees (like bars and restaurants) who serve alcohol to someone who is obviously intoxicated. Currently, licensees cannot be sued for injuries or deaths caused by such violations, but this bill would allow injured parties or their estates to pursue civil claims. The key change directly affects licensed alcohol establishments and their employees who serve patrons showing clear signs of intoxication. This shifts the legal standard by making licensees financially responsible for harm resulting from their violation of the existing prohibition against serving intoxicated individuals.