NC General Statutes

N.C. Gen. Stat. § 18B-120 (2026)

Definitions

✓ current as of July 2026

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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 not limited to, personal injury, property loss, loss of means of support, or death. Damages for death shall be determined under the provisions of G.S. 28A-18-2(b). Nothing in G.S. 28A-18-2(a) or subdivision (1) of this section shall be interpreted to preclude recovery under this Article for loss of support or death on account of injury to or death of the underage person or a person who aided or abetted in the sale or furnishing to the underage person.

(3) "Underage person" means a person who is less than the age legally required for purchase of the alcoholic beverage in question.

(4) "Vehicle" shall have the same meaning as prescribed by G.S. 20-4.01(49). (1983, c. 435, s. 37.)

Notes of Decisions

Cited in 13 cases, 1983–2011 · leading case: Est. of Mullis Ex Rel. Dixon v. Monroe Oil Co., 505 S.E.2d 131 (N.C. 1998).

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Est. of Mullis Ex Rel. Dixon v. Monroe Oil Co., 505 S.E.2d 131 (N.C. 1998). · cites it 12× “Based on the above, the administrator of the estate of Melissa Mullis, one of the passengers, filed suit alleging that defendants Monroe ABC and Monroe Oil were negligent for selling alcohol to an underage person under the Dram Shop Act, N.C.G.S. §§ 18B-120 to -129 (1995).…”

Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992). · cites it 6× “There is no express purpose of protecting the public from intoxicated persons in the statute except in that portion of the chapter known as the Dram Shop Act, N.C.G.S. § 18B-120 et seq. The Dram Shop Act has no application to this case.”

Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006). · cites it 6× “§ 18B-100 (2003), our Supreme Court has previously stated that [t]here is no express purpose of protecting the public from intoxicated persons in the statute except in that portion of the chapter known as the Dram Shop Act, N.C.G.S. § 18B-120 et seq.... Where a statute specifies…”

Clark v. Inn West, 379 S.E.2d 23 (N.C. 1989). · cites it 18× “N.C.G.S. § 18B-120 (1983). The wrongful death statute provides for survivorship only of claims that could have been brought by the decedent had he lived.”

Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991). · cites it 6× “The Safe Roads Act includes the Dram Shop Act, N.C.G.S. § 18B-120, et seq. This Act does allow a potential claim against the individual who sold or furnished the alcohol, but only against the "permittee" or "Local Alcohol Beverage Control Board.”

Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993). · cites it 2× “Law §§ 11-100, 11-101 (1989); N.C.Gen. Stat. § 18B-120 et seq. (1989); N.”

Clark v. Inn West, 365 S.E.2d 682 (N.C. Ct. App. 1988). · cites it 6× “The second is a claim for relief under the “dram shop act,” G.S. 18B-120 et seq. We conclude that the wrongful death claim was properly dismissed but that the dismissal of the dram shop claim of the personal representative should be reversed as to the Inn West partnership and…”

Freeman v. Finney, 309 S.E.2d 531 (N.C. Ct. App. 1983). “18B-121, gives persons who sustain injury as a consequence of the actions of an underage person a claim for relief 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…”

Est. of Darby, by Darby v. Monroe Oil Co., Inc., 488 S.E.2d 828 (N.C. Ct. App. 1997). · cites it 5× “*303 Darby’s estate sued Monroe ABC and Monroe Oil Company under N.C. Gen. Stat. § 18B-120 et seq. (1996) (“the Dram Shop Act”) and N.”

Est. of Mullis ex rel. Dixon v. Monroe Oil Co., 488 S.E.2d 830 (N.C. Ct. App. 1997). · cites it 2× “Unlike the plaintiff estate in Estate of Darby , for reasons not given in the record, the Estate of Melissa Mullis failed to file an action under N.C. Gen. Stat. § 18B-120 (1996) (“the Dram Shop Act”) within the one year statute of limitations period.”

Green v. Fishing Piers, Inc., 714 S.E.2d 510 (N.C. Ct. App. 2011). · cites it 34× “Lewis, filed a complaint on 15 May 2009 against certain parties pursuant to N.C. Gen. Stat. § 18B-120, et seq., known as the Dram Shop Act.”

Eason v. Cleveland Draft House, LLC, 673 S.E.2d 883 (N.C. Ct. App. 2009). · cites it 2× “NOTES [1] N.C. Gen. Stat. § 18B-120, et seq. is referred to as the Dram Shop Act.”

Show all 13 citing cases →

— N.C. Gen. Stat. § 18B-120(1) — 3 cases

Clark v. Inn West, 379 S.E.2d 23 (N.C. 1989). “N.C.G.S. § 18B-120 (1983). The wrongful death statute provides for survivorship only of claims that could have been brought by the decedent had he lived.”

Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993). “Law §§ 11-100, 11-101 (1989); N.C.Gen. Stat. § 18B-120 et seq. (1989); N.”

Storch v. Winn-Dixie Charlotte, Inc., 560 S.E.2d 881 (N.C. Ct. App. 2002).

— N.C. Gen. Stat. § 18B-120(2) — 4 cases

Clark v. Inn West, 365 S.E.2d 682 (N.C. Ct. App. 1988). “The second is a claim for relief under the “dram shop act,” G.S. 18B-120 et seq. We conclude that the wrongful death claim was properly dismissed but that the dismissal of the dram shop claim of the personal representative should be reversed as to the Inn West partnership and…”

Storch v. Winn-Dixie Charlotte, Inc., 560 S.E.2d 881 (N.C. Ct. App. 2002).

Green v. Fishing Piers, Inc., 714 S.E.2d 510 (N.C. Ct. App. 2011). “Lewis, filed a complaint on 15 May 2009 against certain parties pursuant to N.C. Gen. Stat. § 18B-120, et seq., known as the Dram Shop Act.”

— N.C. Gen. Stat. § 18B-120(3) — 1 case

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