NC General Statutes

N.C. Gen. Stat. § 18B-128 (2026)

Common-law rights not abridged

✓ current as of July 2026

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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 an underage person.

(b) No permittee or his agent or employee may be held civilly liable if the permittee or his agent or employee holds a customer's identification documents for a reasonable length of time in a good faith attempt to determine whether the customer is of legal age to purchase an alcoholic beverage, provided the permittee or his agent or employee informs the customer of the reason for his actions. (1983, c. 435, s. 37.)

§§ 18B-130 through 18B-199. Reserved for future codification purposes.

Article 2.

State Administration.

Notes of Decisions

Cited in 3 cases, 1992–2006 · leading case: Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).

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Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992). · cites it 6× “We note that N.C.G.S. § 18B-128, which is a part of the Dram Shop Act, does not abrogate any claims for relief under the common law.”

Est. of Mullis Ex Rel. Dixon v. Monroe Oil Co., 505 S.E.2d 131 (N.C. 1998). · cites it 6× “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.”

Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006). · cites it 3× “435, s. 41.1 (“The original inclusion and ultimate deletion in the course of passing this [Dram Shop Act] of statutory liability for certain persons who sell or furnish alcoholic beverages to intoxicated persons does not reflect any legislative intent one way or the other with…”

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