Understanding New Jersey’s Dram Shop and Social Host Liability Laws

When someone is injured by a drunk driver in New Jersey, liability may extend beyond the driver to those who irresponsibly served or provided alcohol. New Jersey’s dram shop laws and social host liability laws are designed to hold businesses and private individuals accountable for over-serving alcohol, offering injury victims additional pathways to pursue compensation.

What Is a Dram Shop Under New Jersey Law?

A “dram shop” refers to any business that serves alcohol, including bars, restaurants, or liquor stores. The term originates from the colonial era when alcohol was sold by the dram, a small unit of liquid. Today, New Jersey’s Dram Shop Act governs the circumstances under which these establishments can be held liable for injuries caused by intoxicated patrons.

Dram Shop and Social Host Liability Laws Explained

Dram Shop Laws: Businesses that serve alcohol can be held liable for injuries caused by intoxicated patrons if they:

1. Serve alcohol to a visibly intoxicated person, or
2. Serve alcohol to a minor under the legal drinking age of 21.

This liability can apply to injuries resulting from drunk driving accidents or other incidents involving the intoxicated individual.

Social Host Liability Laws: Private individuals who serve alcohol at social gatherings may also face liability. If a social host provides alcohol to someone who is visibly intoxicated, and that person causes injury to another, the host may be held responsible. This often arises in cases involving drunk driving after private parties.

Establishments and Individuals Who May Be Held Liable

Under the Dram Shop Act, liability can extend beyond the drunk driver to:

• Bars and Restaurants: If they serve alcohol to someone visibly intoxicated, they may be held accountable for resulting injuries.
• Liquor Stores: Selling alcohol to an intoxicated customer or a minor can result in liability.
• Social Hosts: Individuals hosting private events may also be liable if they serve alcohol irresponsibly.

To succeed in a dram shop or social host claim, the injured party must prove the individual was visibly intoxicated when served. This means the person showed clear signs of drunkenness, such as slurred speech, unsteady movements, or erratic behavior.

How Is Negligence Proven in Dram Shop Cases?

Proving negligence in dram shop cases requires evidence that the business or host served alcohol irresponsibly. Critical evidence may include:

• Surveillance Footage: Showing the individual being served while visibly intoxicated.
• Eyewitness Testimony: Statements from others present about the person’s level of intoxication.
• Alcohol Sales Records: Credit card receipts showing excessive consumption in a short timeframe.
• Employee Training Practices: Evidence of inadequate training on recognizing intoxicated patrons or implementing safeguards to prevent over-serving.

The Role of Comparative Negligence in New Jersey

New Jersey follows the doctrine of comparative negligence, which apportions fault among all responsible parties. In a dram shop case, the court may evaluate the percentage of responsibility for the drunk driver and the establishment or host who served them.

For example, if the drunk driver is found 75% at fault and the establishment is 25% at fault, the injured party can recover 25% of their total damages from the business.

Recoverable Damages for Victims

Victims of drunk driving accidents can pursue compensation for:

• Medical Expenses: Including hospital stays, surgeries, and physical therapy.
• Lost Wages: Compensation for missed work or reduced earning capacity.
• Pain and Suffering: For physical pain and emotional distress.
• Property Damage: To repair or replace damaged vehicles or other property.
• Punitive Damages: In cases of egregious negligence, punitive damages may be awarded to punish wrongdoing and deter future misconduct.

Seek Legal Guidance After a Drunk Driving Accident

New Jersey’s dram shop and social host liability laws offer an important avenue for victims to hold negligent parties accountable. If you or a loved one has been injured by a drunk driver, the experienced lawyers at Kitrick, McWeeney & Wells, LLC are here to help. We will work to build a strong case, protect your rights, and seek the compensation you deserve.

Contact a Brick Car Accident Lawyer at Kitrick, McWeeney & Wells, LLC for More Information

If you’ve been injured in a drunk driving accident, don’t navigate the legal process alone. Contact a Brick car accident lawyer at Kitrick, McWeeney & Wells, LLC today for a free consultation. Call us at 732-920-8383 or complete our online form. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.