NC · jury_instructions
N.C.P.I.—Motor Vehicle 102.75
"DRAM SHOP" LIABILITY-STATUTORY-RIGHT OF ACTION LOST BY AIDING OR ABETTING SALE OR FURNISHING.
NOTE WELL: A person who aids or abets in the sale or
furnishing of an alcoholic beverage to an underage
person is not an "aggrieved party" entitled to recover
under N.C. Gen. Stat. § 18B-121. See N.C. Gen. Stat. §
18B-120(1).
The (state number) issue reads:
"Did the plaintiff aid or abet the [sale] [furnishing] of (specify
alcoholic beverage) to (name underage person)?"
On this issue the burden of proof is on the defendant. This means
that the defendant must prove, by the greater weight of the evidence,
that the plaintiff aided or abetted the [sale] [furnishing] of (specify
alcoholic beverage) to (name underage person).
A person aids or abets the [sale] [furnising] of an alcoholic
beverage to an underage person when he is present at the time of the
[sale] [furnishing] and knowingly advises, instigates, encourages or aids
either the seller or the underage person to [make the sale or purchase]
[furnish or obtain an alcoholic beverage]. (A person also aids or abets a
[sale] [furnishing] even though he is not present if he shares the
unlawful purpose of the underage person and, with the underage person's
knowledge, aids or is in a position to aid him at the time he [makes the
purchase] [obtains the alcoholic beverage].)
However, a person is not an aider or abettor merely because he is
present1 at the time of the [sale] [furnishing], even though he may
silently approve and intend to assist if necessary. To be an aider or
abettor, he must aid or actively encourage, or in some way communicate
to the seller or underage person his intention to assist in [making the
sale or purchase] [obtaining an alcoholic beverage].
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find, by the greater weight of the evidence,
that the plaintiff aided or abetted a [sale] [furnishing] of (specify
alcoholic beverage) by the defendant to (name underage person), then it
would be your duty to answer this issue "Yes" in favor of the defendant.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Motor Vehicle 102.75 (January 1994). N.C. Gen. Stat. § 18B-120(1). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
a7ffa668498caef08bd26c6fb813b90687a6d71d9df84e6e6939f622c8973b94
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