18B-122. Burden of proof and admissibility of evidence.
The plaintiff shall have the burden of proving that the sale or furnishing of the alcoholic beverage to the underage person, as defined, was, under the circumstances, negligent. Proof of the sale or furnishing of the alcoholic beverage to an underage person, as defined, without request for identification shall be admissible as evidence of negligence. Proof of good practices (including but not limited to, instruction of employees as to laws regarding the sale of alcoholic beverages, training of employees, enforcement techniques, admonishment to patrons concerning laws regarding the purchase or furnishing of alcoholic beverages, or detention of a person's identification documents in accordance with G.S. 18B-129 and inquiry about the age or degree of intoxication of the person), evidence that an underage person misrepresented his age, or that the sale or furnishing was made under duress is admissible as evidence that the permittee was not negligent. (1983, c. 435, s. 37.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 18B - Regulation of Alcoholic Beverages
Article 1A - Compensation for Injury Caused by Sales to Underage Persons.
§ 18B-121 - Claim for relief created for sale to underage person.
§ 18B-122 - Burden of proof and admissibility of evidence.
§ 18B-123 - Limitation on damages.
§ 18B-124 - Joint and several liability.
§ 18B-126 - Statute of limitations.
§ 18B-127 - Duty of clerk of superior court.
§ 18B-128 - Common-law rights not abridged.
§ 18B-129 - No liability for refusal to sell or for holding documents.