New Jersey Dram Shop Laws
Alcohol-involved car accidents are unfortunately common in New Jersey. If you get hit by an intoxicated driver, you may know that the driver can be held responsible – but many victims don’t realize that they also have the right to hold the alcohol server or vendor accountable. Learn about how New Jersey’s dram shop laws work to fully understand your legal options and if you were injured, make sure to speak with a car accident attorney in New Jersey.
What Is a Dram Shop Law?
A “dram shop” refers to an establishment that sells or furnishes alcohol to individuals, such as a bar, club, liquor store or restaurant. Dram shop laws govern when an alcoholic beverage vendor can be held legally and financially responsible (liable) for an accident or injuries caused by an intoxicated person. Dram shop laws are designed to promote the responsible serving of alcohol and to prevent the overserving of patrons.
How Do New Jersey’s Dram Shop Laws Work?
When a drunk driving accident takes place, an injured victim has the right to seek damages, or financial compensation, from the insurance provider of the intoxicated driver. Although New Jersey is a no-fault car insurance state, severe injuries allow victims to file outside of the no-fault system.
Under New Jersey Statute § 2A:22A-5 – the dram shop law – victims may also be able to hold licensed alcohol beverage vendors accountable for drunk driving accidents. This is an available legal remedy if the following is true:
- The vendor knowingly served alcohol to a visibly intoxicated person, or
- The vendor served alcohol to a minor when the vendor knew, or reasonably should have known, that the patron was underage, and
- The negligent serving of alcohol was the proximate cause of the victim’s injury or damage, and
- The injury or damage was a foreseeable consequence of the negligent serving of alcohol.
If a drunk person causes injuries, victims can hold the dram shop liable under these parameters. Note that the dram shop law applies not only to drunk driving automobile accidents in New Jersey but to other types of injuries caused by intoxicated individuals, as well (e.g., physical assaults).
What Is Social Host Liability?
New Jersey also has a law in place that can hold a social host responsible for the negligent serving of alcoholic beverages. The state’s social host liability law (New Jersey Statute § 2A:15-5.6) says that a host can be held liable if he or she:
“Willfully and knowingly provided alcoholic beverages…to a person who was visibly intoxicated in the social host’s presence; or to a person who was visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another.”
If providing alcohol created an “unreasonable risk of foreseeable harm to the life or property of another, and the social host failed to exercise reasonable care and diligence to avoid the foreseeable risk,” this can also lead to social host liability for a related incident.
How a Lawyer Can Help With a Dram Shop Case
New Jersey’s dram shop laws can be complicated and difficult to navigate as a victim of an intoxicated person. The best way to protect your rights and ensure a fair case outcome is by hiring an experienced dram shop attorney in Union City.
A skilled negotiator or litigator can handle all of the legal aspects of your case, including documenting the alcohol vendor or social host’s misconduct and proving your injuries and losses. Meanwhile, you can focus on healing and recovering from your injuries.
Schedule a free dram shop case review with a knowledgeable attorney in New Jersey today. Contact the Law Offices of Jeffrey S. Hasson, P.C. at (201) 834-7043.