What is the difference between recklessness and negligence when it comes to serving alcohol?
When it comes to serving alcohol in North Carolina, recklessness and negligence are two different concepts that can have legal consequences. Recklessness is defined as a conscious disregard of the consequences of an action. An example of recklessness would be a server continuing to serve a visibly intoxicated patron alcohol despite being fully aware of the potential consequences. Negligence, on the other hand, is defined as a failure to exercise the proper degree of care that would be required in a given situation. An example of negligence would be a server serving a patron alcohol without properly checking for proper identification or signs of intoxication. In general, recklessness is a more serious offense when it comes to service of alcohol than negligence. A person can be held liable for damages caused as a result of their recklessness, even if they did not intend to harm anyone. On the other hand, someone can only be held liable for damages caused as a result of their negligence if it can be proven that they did not take the proper steps to mitigate potential risks. Ultimately, liquor liability laws in North Carolina are designed to hold servers and establishments responsible for damages caused by their reckless and/or negligent service of alcohol. It is important to understand the differences between recklessness and negligence so that alcohol can be served responsibly and legally.
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