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2023 New Hampshire Revised Statutes
Title LII - Actions, Process, and Service of Process
Chapter 507-F - Alcoholic Beverage Licensee Liability
Section 507-F:5 - Reckless Service of Alcoholic Beverages.
Universal Citation:
NH Rev Stat § 507-F:5 (2023)
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507-F:5 Reckless Service of Alcoholic Beverages. –
I. A person who becomes intoxicated may bring an action against a defendant for serving alcoholic beverages only when the server of such beverages is reckless. The service of alcoholic beverages is reckless when a defendant intentionally serves alcoholic beverages to a person when the server knows, or a reasonable person in his position should have known, that such service creates an unreasonable risk of physical harm to the drinker or to others that is substantially greater than that which is necessary to make his conduct negligent.
II. A defendant who recklessly provides alcoholic beverages to another is liable for resulting damages.
III. Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:
(a) Active encouragement of intoxicated persons to consume substantial amounts of alcoholic beverages.
(b) Service of alcoholic beverages to a person, 16 years of age or under, when the server knows or should reasonably know the patron's age.
(c) Service of alcoholic beverages to a patron that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.
(d) The active assistance by a defendant of a patron into a motor vehicle when the patron is so intoxicated that such assistance is required, and the defendant knows or should know that the intoxicated person intends to operate the motor vehicle.
I. A person who becomes intoxicated may bring an action against a defendant for serving alcoholic beverages only when the server of such beverages is reckless. The service of alcoholic beverages is reckless when a defendant intentionally serves alcoholic beverages to a person when the server knows, or a reasonable person in his position should have known, that such service creates an unreasonable risk of physical harm to the drinker or to others that is substantially greater than that which is necessary to make his conduct negligent.
II. A defendant who recklessly provides alcoholic beverages to another is liable for resulting damages.
III. Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:
(a) Active encouragement of intoxicated persons to consume substantial amounts of alcoholic beverages.
(b) Service of alcoholic beverages to a person, 16 years of age or under, when the server knows or should reasonably know the patron's age.
(c) Service of alcoholic beverages to a patron that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.
(d) The active assistance by a defendant of a patron into a motor vehicle when the patron is so intoxicated that such assistance is required, and the defendant knows or should know that the intoxicated person intends to operate the motor vehicle.
Source. 1986, 227:11, eff. July 1, 1986.
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