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.
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