North Carolina’s dram shop laws make it illegal to knowingly sell alcohol to an intoxicated person. Businesses or ABC store employees who break this law could face legal action if the intoxicated person goes on to injure someone or carry out a harmful act.
North Carolina’s dram shop laws can also apply to commercial establishments selling alcoholic beverages to minors. The state has social liability laws as well. A North Carolina DUI accident lawyer can give you more information about these laws and how they can impact your case after a collision.
What are North Carolina’s Dram Shop Laws?
North Carolina has two primary dram shop laws, covered by:
North Carolina General Statutes Section 18B-305
North Carolina General Statutes section 18B-305 serves as the state’s basic dram shop law. According to this law, it’s illegal for businesses and ABC stores to knowingly give or sell alcohol to any intoxicated person.
Under this law, injury victims can make a claim against ABC store employees and businesses that knowingly provide or sell alcohol to someone already intoxicated. A lawyer can tell you more about the dram shop act.
North Carolina General Statutes section 18B-121
North Carolina General Statutes section 18B-121 allows injury victims to bring a claim against an ABC store or licensed alcohol vendor for selling or providing an alcoholic beverage to an individual under 21 years old who then caused an accident resulting in injuries.
Note that the consumption of the alcoholic beverage must contribute directly to the intoxication of the minor at the time of the crash for this law to apply. You can learn more about what the dram shop laws are in North Carolina by reaching out to an attorney for help.
Why Do North Carolina’s Dram Shop Laws Matter?
Dram shop laws matter because they give the victims of car accidents caused by drunk driving another option to seek compensation for their losses. If a business or ABC store violates a dram shop law, an injury victim may have a chance to bring a claim against them to get payment for losses such as:
- Medical expenses
- Vehicle repairs
- Lost wages
- Pain and emotional suffering
It’s crucial to explore all avenues to get compensation after a collision caused by someone driving under the influence (DUI). The driver’s insurance may not cover all of an injury victim’s losses, and even going through the legal system may not always provide sufficient funds.
Fortunately, a North Carolina car accident lawyer can quickly investigate and identify other potentially liable parties, like the business or store that sold alcohol to a drunk driver.
North Carolina Also Has Social Liability Laws
Sometimes, the dram shop laws in North Carolina allow injury victims to hold private third parties accountable for covering their losses after accidents caused by intoxicated drivers. These social liability laws state that property owners could hold liability if someone consumes alcohol at their property and then goes out and causes an accident.
For example, a family that hosts a holiday party and serves alcohol could have to cover the losses of an injury victim if a guest of that party leaves, drives, and hits another driver.
However, social liability laws should only come into effect if the host knew (or should have known) that their guest was impaired by alcohol and planning to drive. These laws can apply to both minors and adults who drink, get behind the wheel, and cause a crash.
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An Attorney Can Help with a Claim Based on Dram Shop Laws
A North Carolina personal injury lawyer can assist injury victims who need compensation after drunk driving accidents. In some cases, securing compensation means filing a claim based on the state’s dram shop laws.
In this situation, a lawyer will need to carefully investigate what happened and gather evidence to show that an ABC store or business knowingly provided alcohol to an intoxicated person who later went on to cause an accident and financial losses to the victims involved in the crash. For example, a lawyer may need to:
- Speak to eyewitnesses or employees at a store
- Get copies of police accident reports
- Get the blood alcohol content (BAC) test results for the drunk driver
Attorneys can use this information when working on a legal claim. Lawyers will also track all the losses sustained by an injury victim and discuss methods for securing fair compensation, which could include insurance settlement negotiations or a lawsuit.
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Talk to Us About North Carolina’s Dram Shop Laws
So, what are the dram shop laws in North Carolina? Our state’s dram shop laws give injury victims a chance to seek compensation from businesses or ABC stores that sell alcohol to drivers who are already impaired.
CR Legal Team can tell you more about these laws and how they might apply to your case after a crash. Our Team understands what you’re going through, and we want to assist you throughout the legal process.
We Stand Up For You®, and we’re ready to answer any questions you have after a drunk driving accident, so reach out now.
