Are any bars or restaurants immune from liquor liability lawsuits?
In North Carolina, no bars or restaurants are immune from liquor liability lawsuits. The state’s liquor liability law holds establishments accountable for the injuries or deaths caused by the intoxication of a patron or other person due to over-consumption of alcohol that was served by the establishment. While establishments are not immune, they do have certain protections. For example, NC Statute 18B-1004 states that a licensee may use a server training program to show that the establishment took reasonable steps to prevent excessive drinking and to educate servers to identify signs of over-consumption. In addition, if an establishment is found to have acted negligently in the service of alcohol, they may be able to reduce or minimize any financial damages suffered by the injured party. An establishment can do this by citing their adherence to the state statutes and regulations concerning the sale and service of alcohol. In summary, while North Carolina liquor liability laws exist to protect the public from establishments serving or selling alcohol to intoxicated individuals, bars and restaurants in the state are not immune from negligence or liability lawsuits. Establishments can protect themselves by being mindful of the laws and regulations concerning the sale and service of alcohol, taking reasonable steps to prevent excessive drinking, and training staff to identify signs of over-consumption.
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