A 61-year-old New Jersey woman recently settled a drunk driving accident claim for $750,000. According to news reports, $500,000 of the settlement will be paid by the insurer for the establishment where the drunk driver was drinking prior to the accident. Liability for the injuries sustained by the victim was found through New Jersey’s Dram Shop law.
New Jersey Dram Shop Law
Dram Shop laws have become commonplace in the United States. In general, the purpose of a Dram Shop law is to provide a legal mechanism to hold an establishment that serves alcohol responsible if it serves alcohol to someone who then injures another person.
In New Jersey, the Dram Shop law is known as the “New Jersey Licensed Alcoholic Beverage Server Fair Liability Act” (the Act). According the Act:
a) 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.
b) 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.
c) A person who becomes intoxicated and sustains personal injury or property damage as a result of the person’s actions while intoxicated shall be prohibited from instituting a civil action for damages against a licensed alcoholic beverage server.
d) A person who rides in a motor vehicle which the person knows is operated by an intoxicated person and who sustains personal injury or property damage as a result of a motor vehicle accident shall be prohibited from instituting a civil action for damages against a licensed alcoholic beverage server.
Dram Shop Liability in Drunk Driving Cases
If you have been injured in a drunk driving accident or have lost a loved one as the result of a drunk driver’s negligence, you may also be entitled to pursue compensation for your injuries or loss from the establishment where the defendant was drinking prior to the accident. Dram Shop liability is a complicated area of the law; however, if an establishment that serves alcohol negligently continued to serve the defendant when he or she was clearly intoxicated, then they may be held responsible for the injuries that followed.
If you think that your NY or NJ drunk driving accident case may involve Dram Shop liability, the accident lawyers at Ginarte Gonzalez & Winograd may be able to help. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation, or fill out our online contact form.