18B-120. Definitions. As used in this Article: (1) "Aggrieved party" means a person who sustains an injury as a consequence of the actions of the underage person, but does not include the underage person or a person who aided or abetted in the sale or furnishing to the underage person. (2) "Injury" includes, but is […]
18B-121. Claim for relief created for sale to underage person. An aggrieved party has a claim for relief for damages against a permittee or local Alcoholic Beverage Control Board if: (1) The permittee or his agent or employee or the local board or its agent or employee negligently sold or furnished an alcoholic beverage to […]
18B-122. Burden of proof and admissibility of evidence. The plaintiff shall have the burden of proving that the sale or furnishing of the alcoholic beverage to the underage person, as defined, was, under the circumstances, negligent. Proof of the sale or furnishing of the alcoholic beverage to an underage person, as defined, without request for […]
18B-123. Limitation on damages. The total amount of damages that may be awarded to all aggrieved parties pursuant to any claims for relief under this Article is limited to no more than five hundred thousand dollars ($500,000) per occurrence. When all claims arising out of an occurrence exceed five hundred thousand dollars ($500,000), each claim […]
18B-124. Joint and several liability. The liability of the negligent driver or owner of the vehicle that caused the injury and the permittee or ABC board which sold or furnished the alcoholic beverage shall be joint and several, with right of contribution but not indemnification. (1983, c. 435, s. 37.)
18B-125. Exceptions. This Article does not create a claim for relief against the following: (1) One who holds only a brown bagging permit, a special occasions permit, or a limited special occasions permit; (2) One who holds only a special one-time permit under G.S. 18B-1002; (3) One who holds only permits listed in G.S. 18B-1100; […]
18B-126. Statute of limitations. The statute of limitations is as provided in G.S. 1-54. (1983, c. 435, s. 37.)
18B-127. Duty of clerk of superior court. When execution on a judgment on a cause of action under G.S. 18B-121 is returned unsatisfied, in whole or in part, the clerk of superior court to whom such return is made shall transmit to the Commission certified copies of the judgment, the execution and return and any […]
18B-128. Common-law rights not abridged. The creation of any claim for relief by this Article may not be interpreted to abrogate or abridge any claims for relief under the common law, but this Article does not authorize double recovery for the same injury. (1983, c. 435, s. 37.)
18B-129. No liability for refusal to sell or for holding documents. (a) No permittee or his agent or employee may be held liable for damages resulting from the refusal to sell or furnish an alcoholic beverage to a person who fails to show proper identification as described in G.S. 18B-302(d), or who appears to be […]
