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Dram Shop Liability
If you or someone you love were injured due to another person’s intoxication, you may be eligible to bring a claim seeking civil damages from the drunk driver, the commercial establishment where that person was drinking, or even the social host that served them. In cases involving underage drinkers, additional claims may be brought against the individuals or entities who either served or otherwise provided the underage drinker with alcohol. These types of claims are oftentimes known as Dramshop cases and can involve very technical medical, scientific and/or legal issues.
Dram Shop cases can involve unique legal issues and can require claimants to prove specific legal elements, such as whether or not the intoxicated person was visibly intoxicated at the time that they were served alcohol. As a result, they need to be handled by experienced attorneys who know the law and how to hold negligent bars, restaurants, or social hosts accountable.
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Dram Shop Cases We Handle
Dram shop / social host liability can become an issue in a variety of alcohol-related accidents. Some examples of the types of cases our firm handles include:
- Drunk driving accidents caused by motorists who were overserved alcohol.
- Auto accidents involving minors who were served or provided alcohol.
- Third-party assaults involving intoxicated guests, including assaults at bars or nightclubs.
Pursuing liability against a third-party drinking establishment or social host isn’t possible in every case. However, it can make the difference in cases where the intoxicated party is under- or uninsured and cases where victims’ damages exceed the policy limits of the intoxicated party’s insurance coverage. As such, exploring the possibility of dram shop liability is a worthwhile exercise.
Dram Shop & Social Host Liability in New Jersey
In personal injury cases arising from alcohol-related accidents, injured victims (or families of victims who suffered a wrongful death) will typically pursue lawsuits against the intoxicated party. Often, this is a person who drove while intoxicated and caused a drunk driving accident.
In some cases, however, plaintiffs may have grounds to hold third parties liable for their damages under New Jersey’s dam shop and social host liability law (N.J.S.A. 2A:22A-5). That’s because the law holds that “licensed alcoholic beverage servers” and “social hosts” can be held liable for injuries caused by individuals they served, under certain circumstances.
To hold a third party liable for damages under New Jersey’s dram shop and social host liability law, certain circumstances must apply. For example:
- Restaurants, bars, taverns, and other drinking establishments classified as “licensed alcoholic beverage servers” can be held liable for damages when they serve alcohol to a person who is visibly intoxicated or a minor, and the individual later causes injury because of their intoxication. Plaintiffs must also prove that injury was a “foreseeable consequence” of serving alcohol to the at-fault party.
- Social hosts can be held liable for damages when they “willfully and knowingly” provided alcohol to someone who was visibly intoxication in their presence or, if the person was not in the presence of the host, provided alcohol in a manner that constituted “reckless disregard of the consequences as affected life or property of another.”
There are many nuances when seeking to hold alcoholic beverage servers and social hosts liable under this law. In the case of social hosts, for example, that includes the irrebuttable presumption that social hosts did not violate the law if the intoxicated person had a BAC of less than .10, and the rebuttable presumption that they did not violate the law if the person tests between .10 and .15. Generally, this means that social hosts are given the benefit of the doubt in terms of their conduct when serving guests until intoxicated persons have high BAC readings of .16 or above.
Given the need to meet specific elements when proving dram shop or social host liability, these cases should be handled by experienced and qualified attorneys. At Levinson Axelrod, our award-winning trial lawyers have extensive experience litigating personal injury, auto accident, and dram shop liability cases and can discuss how we can help during a FREE consultation.
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Why Choose Levinson Axelrod, P.A.
Levinson Axelrod, P.A. has been trusted by clients across New Jersey since 1939. Levinson Axelrod, P.A. understands that premises liability cases can be complicated—especially when public entities are involved. The good news? You don’t have to try to navigate your case alone.
Our New Jersey premises liability attorneys are skilled at handling such claims and have a track record of success in and out of the courtroom. In fact, we have recovered more than $350 million for our clients in just the last five years alone.
*Results may vary depending on your particular facts and legal circumstances.
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