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Q. Can one get in legal trouble based on NH law for negligent service of alcoholic beverages?

Posted by Richard E. Clark | Jul 28, 2012 | 0 Comments

A. Yes. A defendant who negligently serves alcoholic beverages to a minor or intoxicated person is liable for resulting damages, subject to provisions of New Hampshire Law. First make sure the person you're serving is over 21 years of age. The server has the duty to request proper proof of age.

Service of alcoholic beverages to an intoxicated person is negligent if the defendant knows or if a reasonably prudent person in like circumstances would know that the individual being served is intoxicated. The server is not under a duty to recognize signs of a person's intoxication other than those normally associated with the consumption of alcoholic beverages except for intoxication resulting in whole or part from other drugs consumed on the defendant's premises with the defendant's actual or constructive knowledge.

There are several provisions, standards, and defenses associated with social host liability and negligent service of alcoholic beverages that you should seek an attorney for further assessment. To speak to Attorney Richard E. Clark, call (603) 431-0009 or visit NHseacoastLawyers.com.

About the Author

Richard E. Clark

Attorney in Portsmouth, Dover, NH and Newburyport, MA Attorney Richard E. Clark is one of the seacoast's most successful attorneys. He has effectively litigated injury cases and civil suits achieving multi-million dollar results. Richard is friendly, detailed and has no reservations arguing in Court, when it's in the spirit of justice. Attorney Clark is a NH seacoast native. After his father retired from the U.S. Army, they returned to their ancestral Rye Beach property. His grandmother of the Sawyer/Jenness family settled Rye Beach, NH and Haverhill, MA. Prior to practicing law, Richard owned several contracting companies for almost two decades. After graduating from Portsmouth High School in 1991, he persevered through a ten-year educational pursuit to complete his law degree, NH and MA licensure, while managing his businesses. Richard's reputation is known in the seacoast area as friendly, driven, aggressive and detail-oriented. Richard has always possessed a passion for work. He is continually strategizing about how to best resolve his client's dilemmas while achieving the best outcome. Attorney Clark was a private criminal contract defense attorney appointed to the Newburyport District Court from 2007-2011. He achieved the Commonwealth of Massachusetts certification in 2008. Attorney Clark is a member of the National College for DUI Defense, New Hampshire Association of Justice, Essex County Bar Advocates Criminal Defense, Rockingham County Bar Association, and the New Hampshire Bar Association. Mr. Clark is a graduate of the Massachusetts School of Law (2002) and Franklin Pierce College (1998). He is admitted to practice law throughout New Hampshire and Massachusetts, the United States District Court of NH, and the United States Court of Appeals for the Armed Forces.

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