NC General Statutes
N.C. Gen. Stat. § 18B-121 (2026)
Claim for relief created for sale to underage person
✓ current as of July 2026
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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
(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 G.S. 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.)
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1983–2023 · leading case: Smith v. Winn-Dixie Charlotte, Inc., 542 S.E.2d 288 (N.C. Ct. App. 2001).
Smith v. Winn-Dixie Charlotte, Inc., 542 S.E.2d 288 (N.C. Ct. App. 2001). “[2] Plaintiff also brought a claim against Winn-Dixie pursuant to N.C. Gen.Stat. § 18B-121 (the North Carolina Dram Shop Act).”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991). “N.C.Gen.Stat. § 18B-121 (1983). Specific requirements and limitations relating to damages were included in the Act.”
Est. of Mullis Ex Rel. Dixon v. Monroe Oil Co., 505 S.E.2d 131 (N.C. 1998). “" N.C.G.S. § 18B-121. The legislature has also provided that "[t]he 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.”
Clark v. Inn West, 379 S.E.2d 23 (N.C. 1989). “The issue is whether the personal representative of the estate of a nineteen-year-old who consumes alcoholic beverages and dies from injuries sustained in a single-car accident may recover damages under N.C.G.S. § 18B-121 1 from the seller of the *417 beverages.”
Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985). “NORTH CAROLINA Dram shop act (N.C. Gen. Stat. § 18B-121 et seq. [1983]).”
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006). “§ 18B-104 (2003), and also authorizes aggrieved parties to file suit against a permittee for damages resulting from the sale or furnishing of alcoholic beverages to an underage individual, see N.C.G.S. § 18B-121 (2003). By contrast, however, Chapter 18B contains no express…”
Shannon v. Wilson, 947 S.W.2d 349 (Ark. 1997). “2d 584 (1983) (allows persons injured a right to recover from tavern owners providing liquor to customer after proof of owner's negligence); North Carolina also recognizes statutory liability: N.C. Gen.Stat. § 18B-121 et seq. (1983); Ohio: Mason v.”
Hutchens v. Hankins, 303 S.E.2d 584 (N.C. Ct. App. 1983). “See G.S. 18B-121 et seq. (Session Laws, 1983).”
Sorrells v. M.Y.B. Hosp. Ventures, 423 S.E.2d 72 (N.C. 1992). “*648 § 18B-121 creates a cause of action for damages for injuries to an “aggrieved person”); Hart v.”
Tobias v. Sports Club, Inc., 474 S.E.2d 450 (S.C. Ct. App. 1996). “Law § 11-101 (McKinney 1989); N.C.Gen.Stat. § 18B-121 (1995); N.D.Cent.”
Freeman v. Finney, 309 S.E.2d 531 (N.C. Ct. App. 1983). “A provision, to be codified as G.S. 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…”
Huff v. Chrismon, 315 S.E.2d 711 (N.C. Ct. App. 1984). “G.S. 18B-121 et seq. N.C. Session Laws (1983).”
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