Are there any exceptions to dram shop liability?

Yes, there are some exceptions to dram shop liability in North Carolina. Dram shop liability is a concept that holds bars, restaurants, social hosts, or any other social setting that serves alcohol accountable for any damages caused by an individual’s intoxicated state. To be held liable, the establishment must have served the individual who appeared to be obviously intoxicated, or let a minor consume alcoholic beverages. However, there are some exceptions to this. The Carolina Responsible Alcohol Seller Training Program, or CRASP, allows a business to avoid liability if they provide staff with special training. It also requires them to have a policy prohibiting the service of obviously intoxicated customers. Another exception is the voluntary act of the intoxicated individual. If a customer is served alcohol, but then chooses to consume more than they should have, the establishment will not be held liable. Finally, the contributory negligence exception applies if the plaintiff was also responsible for the damages resulting from the intoxicated state. For example, if the plaintiff failed to exercise reasonable negligence and was injured due to excessive drinking, the establishment will not be held liable. Despite these exceptions, dram shop liability is still a crucial issue in North Carolina, and establishments are strongly encouraged to follow responsible alcohol service policies. This will help to ensure that customers and staff are safe and that no one is harmed due to excessive drinking.

Are there any exceptions to dram shop liability?

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