Claim for relief for fault resulting from intoxication
N.D. Cent. Code § 5-01-06.1
in effect5-01-06.1. Claim for relief for fault resulting from intoxication
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t05c01.pdf#nameddest=5-01-06p1Fetched: 10/16/2026