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Dram Shop Laws

 

Dram Shop Laws
 

The dictionary defines a dram shop as any establishment that serves alcoholic beverages. Traditionally, a dram is an 18th century measurement of a small unit of liquid. In New Jersey, Dram Shop Laws were enacted making it unlawful to sell alcohol to people “actually or apparently” under the age of 21 and to people who are “visibly intoxicated.” These laws address accidents that happen as a result of the improper sale of alcohol by vendors. An example of such a law might work like this:

 
George stops at a local bar and has several drinks. He clearly has too much and is slurring his speech and wobbling on the stool, but the bartender continues to serve him. George decides to go to the bathroom, and literally, runs into Tiffany, knocking her down. She is badly injured and must go to the hospital. Tiffany can sue George for causing personal injury, and she can also bring a claim against the bar for serving George while he was visibly intoxicated.

Social Host Liability Laws

 New Jersey also has enacted the Social Host Liability Law. This law allows an injured person to sue a social host who served an already intoxicated guest. The injured party must prove the following three things:

  • The intoxicated guest was in the presence of the host.
  • The circumstances created an “unreasonable risk” of harm to life or property.
  • The injury was caused by the accident of the intoxicated guest who was served by the host.

In another version of the above example, George was intoxicated at a friend’s party and the host observed, but didn’t intervene. George drives and hits Tiffany, who is injured in the auto accident.

Proponents of Dram Shop Laws 

Many believe these laws have helped reduce alcohol-related accidents. Public awareness has focused on not over-serving alcohol and on decreasing alcohol consumption. Additionally, dram shop and social host liability laws have reduced fatal crashes, especially for those under the age of 21. 

Damages and Lawsuits

Dram shop and social host liability suits are expressed in terms of money damages. The most common damages are:

  • Medical and hospital bills
  • Therapy bills
  • Lost wages
  • Property damage

In New Jersey, you may also sue for punitive damages as well as compensation. Punitive damages are intended to punish individuals and include negligence, recklessness and intentional bad behavior. Additionally, there is a two year limit on filing these types of cases.

Consult an  Experienced Attorney

If you are injured as a result of a dram shop or social host liability situation, you should consult an experienced personal injury attorney as soon as possible. The Law Office of Andrew S. Maze understands the stress and pain that can come from a drunk driving accident. They will do everything to hold the driver responsible for their actions. If it’s determined that the establishment served the person too much alcohol, or if the driver was underage at the time of the accident, they will be held responsible, too.

 

John McCurley, A. (2021, March 8). New Jersey dram shop laws and social host liability for alcohol-related accidents. www.nolo.com. Retrieved January 16, 2023, from https://www.nolo.com/legal-encyclopedia/dram-shop-laws-social-host-liability-alcohol-related-accidents-new-jersey.html 
Winston, A. R. (2022, October 31). [guide] which states have DRAM shop liability laws? 2022. Express Legal Funding. Retrieved January 16, 2023, from https://expresslegalfunding.com/states-dram-shop-laws/ 

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FAQ

If you’ve been in a car accident, seek medical help first, then contact an Auto Accident Attorney in Edison Township. The Law Office of Andrew S. Maze can help document evidence, communicate with insurers, and pursue compensation for injuries and damages.

An Injury Lawyer in Middlesex County, NJ helps you file claims, negotiate settlements, and represent your case in court. The firm ensures your rights are protected and you receive fair compensation for medical bills, lost wages, and pain and suffering.

We handle personal injury, auto accidents, truck accidents, DUI/DWI defense, slip and fall, and workplace injury cases throughout Middlesex County and Edison Township, NJ.

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are treated similarly. A DUI Defense Attorney in Middlesex County, NJ builds your defense, challenges test results, and seeks reduced penalties or dismissal when possible.

Most Car Wreck Attorneys in Middlesex County, NJ, including Andrew Maze, work on a contingency basis, you pay no upfront fees. The firm only collects a fee if they win or settle your case successfully.

Settlement times vary based on the case’s complexity and insurance negotiations. Most auto accident injury cases in Edison Township settle within a few months, though serious claims may take longer if litigation is needed.

Bring accident reports, medical records, photographs, witness contact details, and any insurance correspondence. This helps your Accident Lawyer in Middlesex County, NJ assess your case quickly and accurately.

Yes, under New Jersey’s comparative negligence rule, you can recover damages if you were less than 50% at fault. A skilled Car Accident Lawyer in Edison Township can help determine liability and maximize your compensation.

Not always. Many personal injury claims handled by our Auto Accident Lawyers in Edison Township are settled out of court through negotiations. Court proceedings occur only if a fair settlement cannot be reached.

Simply call or submit a free consultation request online. Our Injury Lawyers will review your case, explain your options, and guide you through the legal process step by step.