Are there any defenses to a claim of negligence in a liquor liability claim?

Yes, there are defenses to a claim of negligence in a liquor liability claim in North Carolina. The defense most often used is the Statute of Repose. This defense states that after a certain amount of time (usually three years) has passed from the time of the sale of the alcohol, any claims of negligence cannot be brought against the seller for any damages. Another defense used is the Voluntary Intoxication defense. This defense states that the seller of the alcohol was not aware that the person consuming the alcohol was intoxicated and that the person had voluntarily chosen to become intoxicated. This defense is generally not applicable in North Carolina, however, as the state follows the Common Law "Dram Shop" rule which states that a seller is responsible for any damages caused by someone who was served alcohol while intoxicated. Additionally, the defense of Contributory Negligence can be used in North Carolina. This defense states that if a person had a duty to protect another from harm and failed to do so, any damages caused by the other person’s negligence may be attributed to that person. Finally, a defense of assumption of the risk may be used. This defense states that if a person was aware of the risks involved in consuming alcohol and continued to do so despite the risks, any damages caused by such behavior would be attributable to them. In conclusion, there are several defenses that can be used to defend a claim of negligence in a liquor liability claim in North Carolina. The Statute of Repose, the Voluntary Intoxication defense, Contributory Negligence, and Assumption of the Risk are all valid defenses which may reduce or negate any liability for damages on the part of the seller.

Are there any defenses to a claim of negligence in a liquor liability claim?

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