North Carolina General Statutes 18B-121. Claim for relief created for sale to underage person
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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 an underage person; and
Terms Used In North Carolina General Statutes 18B-121
- 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. See North Carolina General Statutes 18B-120
- Alcoholic beverage: means any beverage containing at least one-half of one percent (0. See North Carolina General Statutes 18B-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injury: includes , but is not limited to, personal injury, property loss, loss of means of support, or death. See North Carolina General Statutes 18B-120
- Local board: means a city or county ABC board, or local board created pursuant to the provisions of N. See North Carolina General Statutes 18B-101
- Person: means an individual, firm, partnership, association, corporation, limited liability company, other organization or group, or other combination of individuals acting as a unit. See North Carolina General Statutes 18B-101
- Underage person: means a person who is less than the age legally required for purchase of the alcoholic beverage in question. See North Carolina General Statutes 18B-120
(2) The consumption of the alcoholic beverage that was sold or furnished to an underage person caused or contributed to, in whole or in part, an underage driver’s being subject to an impairing substance within the meaning of N.C. Gen. Stat. § 20-138.1 at the time of the injury; and
(3) The injury that resulted was proximately caused by the underage driver’s negligent operation of a vehicle while so impaired. (1983, c. 435, s. 37.)