Who is typically liable in a liquor liability lawsuit?

Typically, a liquor liability lawsuit will involve a plaintiff, or the party bringing the lawsuit, and a defendant, or the party being sued. In a typical liquor liability lawsuit, the defendant is usually the establishment, such as a bar or restaurant, that served liquor to the plaintiff or to someone else who caused harm or damages to the plaintiff (e.g. an intoxicated driver who caused a car accident). In North Carolina, bar and restaurant owners are generally liable for damages caused by someone they served liquor to, if that person was “visibly intoxicated” at the time of service. Visibly intoxicated includes behavior such as slurred speech, lack of balance, and difficulty with coordination. Additionally, the bar or restaurant must have provided the alcoholic beverages to someone who is under the legal drinking age of 21. Further, the plaintiff must have suffered damages due to the bar or restaurant’s negligence, such as bodily injury, emotional distress, or property damage. If the plaintiff can prove that the bar or restaurant was liable for the damages caused, then the bar or restaurant may be responsible for the full amount of the damages. In summary, the typical liable party in a liquor liability lawsuit is the establishment which served the liquor, such as a bar or restaurant. To be liable, the bar or restaurant must have been negligent in serving alcohol to someone who is visibly intoxicated or of illegal drinking age. If this is the case, the establishment may be responsible for the full amount of damages suffered by the plaintiff.

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