What are the common defenses against liquor liability claims?
In North Carolina, liquor liability law sets out regulations for liability against pubs, restaurants, and social clubs that serve alcohol. When a person is injured as a result of an intoxicated person’s actions, he or she may seek to recover damages from the vendor who served the alcohol. Common defenses against liquor liability claims include: 1. The injured person was of legal drinking age and had no evidence of intoxication. 2. The injured person assumed the risk of their own actions. 3. The vendor had no control over the conduct of the intoxicated person. 4. The intoxicated person caused the harm through their own negligence. 5. The vendor acted responsibly in providing alcohol and did not over-serve the patron. 6. The vendor warned patrons of the risks of intoxication and attempted to prevent over-intoxication. 7. The vendor was not negligent in serving the intoxicated person and followed all relevant laws and regulations. 8. The vendor had an agreement, such as a personal contract or waiver, that relieved them of liability. These defenses may or may not be successful depending on the individual facts of the case. All claims of liquor liability must be considered and evaluated on a case-by-case basis. If an individual is found liable, he or she may be subject to financial penalties or criminal charges. Additionally, an injured person may be awarded damages for medical costs, lost wages, and other economic losses caused by the negligence of the alcohol server.
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