New Jersey Dram Shop Liability Lawyer
Dram shop laws are designed to hold alcohol-serving establishments accountable for the actions of their patrons in certain cases. If a bar, restaurant, or liquor store serves alcohol to a visibly intoxicated person and that person causes injury or damage, the establishment may be held liable. These laws encourage establishments to serve alcohol responsibly and ensure they are aware of their role in preventing alcohol-related incidents.
New Jersey’s Dram Shop Laws Explained
Understanding New Jersey’s dram shop liability laws can empower individuals who have suffered due to another’s negligence. Under these laws, establishments that serve alcohol can be held responsible in situations where their actions directly contributed to harm. Here’s when this is applicable:
Serving a Visibly Intoxicated Person
When a bar or restaurant serves someone who is clearly drunk, they risk serious consequences. If this individual then causes an accident or harm to others, the establishment can be liable for any resulting damages or injuries.
Serving Alcohol to a Minor
Providing alcohol to anyone under the legal drinking age opens the door to potential liability. New Jersey takes underage drinking seriously, making it crucial for establishments to verify age through proper identification checks. Serving a minor can lead to accidents, and the establishment could face significant legal repercussions if an incident occurs.
- A person who sustains personal injury or property damage as a result of the negligent service of alcoholic beverages by a licensed alcoholic beverage server may recover damages from a licensed alcoholic beverage server only if:
(1) The server is deemed negligent pursuant to subsection b. of this section; and
(2) The injury or damage was proximately caused by the negligent service of alcoholic beverages; and
(3) The injury or damage was a foreseeable consequence of the negligent service of alcoholic beverages.
- A licensed alcoholic beverage server shall be deemed to have been negligent only when the server served a visibly intoxicated person, or served a minor, under circumstances where the server knew, or reasonably should have known, that the person served was a minor.
Conditions for Recovering Damages
To recover damages from a licensed alcohol-serving establishment in New Jersey, there are three conditions that must be met. Here’s how it works:
The Server Was Negligent
The first condition is that the establishment must have been careless or irresponsible in serving alcohol. This could mean serving someone who was obviously drunk or failing to check an ID properly before serving a minor.
Directly Caused by Negligence
The next step is proving that the injury or damage was a direct result of this negligence. There needs to be a clear connection showing that the establishment’s actions, like serving an already intoxicated guest, led to the harm suffered.
Foreseeable Result of the Negligence
Finally, it must be shown that the injury or damage was something that could be expected as a result of the establishment’s negligent actions. This means it’s reasonable to anticipate that serving too much alcohol might result in harmful situations like car accidents or other types of injury. A car accident attorney in New Jersey can help you navigate complex claims.
By understanding these points, individuals can determine when it’s appropriate to seek compensation and how the law can support them. If you have questions or need help, contact us today to schedule a free consultation with a personal injury lawyer.