• 1997 - Dram Shop Liability
  • C-5.00
    • Alcoholic Beverages
    • Children And Minors
    • Dram Shop Act
    • Tort Liability
    • Tort Liability

  • A person who knowingly sells, barters, or gives alcoholic beverages to a person who is [under 21 years of age] [incompetent] [obviously intoxicated] may be liable to any injured person or the survivors of any deceased person. In order to establish liability, Plaintiff must also prove:

     

    1) the [sale] [barter] [gift] of alcoholic beverages was a contributing cause of the intoxicated person's intoxication; and

     

    2) the injury or death was inflicted by the intoxicated person.

    • 5-01-06.1
    • Born v. Mayers, 514 NW2d 687 (ND 1994):
    • Meshefski v. Shirnan Corp., 385 NW2d 474 (ND 1986)
    • Stewart v. Ryan, 520 NW2d 39 (ND 1994)
  • Notes: See Born, for application of dram shop liability to a social host. This instruction would not be appropriate in a common law negligence action.