5-01-06.1. Claim for relief for fault resulting from intoxication.
224 words·~1 min read·
/nd/title-05/chapter-5-01-general-provisions/5-01-06-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Every spouse, child, parent, guardian, employer, or other individual who is injured by
any obviously intoxicated individual has a claim for relief for fault under section
32-03.2-02 against any person who knowingly disposes, sells, barters, or gives away
alcoholic beverages to an individual under twenty-one years of age or to an
incompetent or an obviously intoxicated individual, and if death ensues, the survivors
of the decedent are entitled to damages defined in section 32-21-02. If a retail licensee
is found liable under this section and exemplary damages are sought, the finder of fact
may consider as a mitigating factor that the licensee provided to an employee alcohol
server training that addressed intoxication, drunk driving, and underage drinking.
2. If a retail licensee provided to an employee alcohol server training that addresses
intoxication, drunk driving, and underage drinking, a person with a claim for relief
under this section may not use the fact that the retail licensee provided this training to
prove culpability.
3. A claim for relief under this section may not be had on behalf of the intoxicated
individual nor on behalf of the intoxicated individual's estate or personal
representatives, nor may a claim for relief be had on behalf of an adult passenger in
an automobile driven by an intoxicated individual or on behalf of the passenger's
estate or personal representatives.