New Jersey Dram Shop Lawyer

Evidence of Vendor Non-Negligence

Under New Jersey Dram Shop law, certain evidence may be presented, which can outline why a licensed premise was not negligent for over-serving a person alcohol. The following policies are examples of practices which demonstrate evidence of non-negligence by a bar, tavern, or other licensed premises:

• Encouraging customers to take a taxi home if they consume too much alcohol
• Promoting non-alcoholic drinks
• Encouraging clientele not to become intoxicated
• Sending the servers of the premises to approved server educational courses

If a bar or tavern owner can show that they have taken appropriate steps to try and minimize the risk of accidents, fights or injuries, they may successfully argue that they did everything in their power to prevent the “reasonable foreseeability” of an alcohol-related incident.

Social Host Liability in New Jersey

New Jersey also allows the injured person to seek damages from any social host who provided alcoholic beverages to an already intoxicated person in a party or a social gathering.

An injured person can seek damages from a social host if the social host gave alcoholic drinks to an intoxicated person that caused the accident. The following conditions must also be met:

• The person was clearly and visibly intoxicated.
• The alcoholic beverages were distributed recklessly and mindlessly.
• The act created an unreasonable risk that can cause harm to the community.
• The intoxicated person caused a vehicle accident coming from the party.

Does Comparative Negligence Affect Dram Shop Liability?

In New Jersey, dram shop liability is subject to the principles of comparative negligence. This means if fault for the drunk driving accident can be apportioned to multiple parties – for example, between the intoxicated driver and a bar – then damages will also be distributed to the extent that each party is found at fault. For instance, if a jury determines that a bar is only 50 percent at fault, it will only be liable for 50 percent of the damages suffered by a victim.

Over the last decade, courts in New Jersey have found numerous situations in which a bar should be held liable because an individual was determined to be intoxicated at the time that he or she was provided alcohol.

Commonly Sought Damages in NJ Dram Shop Cases

The injured person in a dram shop claim can file for personal injury damages against the alcohol vendor who negligently sold an already-intoxicated person more alcohol.

Hospital Bills and Other Medical Treatment

Most personal injury damages claims include the cost for medical care and other treatment incurred because of the accident in question. This includes medical care and treatment you have already received, as well as the estimated cost of the medical care you will need to get in the future because of the injuries caused by the accident in question.

Lost Wages and Other Income

Part of the compensation the injured will receive will cover lost salary and income because of the accident. This includes the salary you have already lost to the accident, and the salary you will not be able to earn in the future because of your injuries. This is referred to as the injured party’s loss of earning capacity.

Damaged Property

If any property was lost or damaged due to the accident, the complainant will be compensated for his or her losses. Compensation will be based on the repair cost or the fair value market of the damaged property.

Pain and Suffering Endured by the Plaintiff

Being involved in an accident which resulted in injuries can cause the victim to endure physical pain and suffering. You may be given compensation for this pain that you have endured during the accident and in the wake of its aftermath.

Emotional Distress

The psychological and emotional impact brought about by the accident may be compensated as well. This can include episodes of anxiety, fear and sleep loss in the aftermath of the accident.

Household Services and Childcare the Injured Plaintiff Could Not Perform.

Service fees for household and childcare services, which you cannot perform yourself because of your injuries, may also be compensated. Personal injury claims should be filed within two years of the date of the accident or the injury.

Punitive Damages in Personal Injury Cases in New Jersey

Punitive damages may be awarded to the injured victim, on top of the compensation for damages as discussed above. It may be awarded when the plaintiff can prove that the harm and injuries suffered were the results of the careless acts of the defendant.

The following shall be considered for the awarding of punitive damages:

1. The chances that serious harm would result from the defendant’s actions;
2. The knowledge and awareness of the defendant of the likelihood that serious harm will result from his conduct;
3. The conduct of the defendant; and
4. The duration of the conduct or any attempt by the defendant to hide it.

Seek Help From a New Jersey Dram Shop Lawyer

If a drunk driver injures someone in an accident, they may be able to claim compensation. And not only from the driver, but also from whoever provided them more alcohol than they should have. If you are the victim of dram shop negligence, seek expert legal guidance right away.

Trust in DeZao & DeZao, P.C. to treat your legal battles seriously and with utmost care. Our experienced and committed personal injury lawyers are at your disposal, no matter how extensive or serious your case may be. Call us today at (973) 358-6134.