Dram shop liability laws determine when you can sue a bar for injuries due to overserving of alcohol, and our lawyers can explain how these laws might apply to your personal injury case.
Bars, restaurants, and other establishments that sell alcohol have a duty to stop serving patrons who are visibly intoxicated and not to serve minors. If either of those duties is violated and you are injured as a result, you can potentially sue the bar in question. Bars might be liable for drunk driving accidents, falls, and even physical assaults for overserving patrons, and might have to pay economic, non-economic, and punitive damages, depending on the case.
Call Agrapidis & Maroules, P.C. at (551) 525-6465 for a free case evaluation from our New Jersey personal injury lawyers.
When Can You Sue a Bar for Overserving Alcohol?
If a bar overserves alcohol to a patron, and that patron then causes or sustains injuries, the bar may be liable for any resulting damages.
Overserving a Visibly Intoxicated Person
Bars can be liable for injuries caused by a server continuing to serve a visibly intoxicated person more alcohol. Because the server was operating within the scope of their employment when they overserved you, their employer, the bar owner, can be held liable for all damages from a server’s negligence.
If a patron shows obvious signs of intoxication, such as slurred speech, droopy eyelids, poor coordination, or drowsiness, their server has a duty of care to stop serving them alcohol, as continuing to do so could put the patron and others at a serious risk of injury.
Serving or Overserving a Minor
Serving alcohol to minors is illegal, and bars can be liable for any injuries due to intoxicated minors who were served alcohol at their establishments. Bars and restaurants have a responsibility to ask for ID from anyone who orders alcohol and appears to be under 35. Even being presented with a fake ID may not completely absolve a bar or restaurant from liability if the server/bartender had reason to believe the patron was nonetheless under 21.
What Accidents Due to Overserving Can You Sue for in New Jersey?
Drunk driving accidents and falls are among the most common consequences of bars overserving alcohol.
Drunk Driving Accidents
In New Jersey, bars, restaurants, and even social hosts can be liable for the injuries a victim sustains in a drunk driving accident if the drunk driver was overserved alcohol, despite being visibly intoxicated.
Our Elizabeth, NJ personal injury lawyers may be able to help you claim more compensation by including the liable bar or restaurant in your case rather than only seeking compensation from the negligent driver alone.
Falls
If you were overserved alcohol by a bar or restaurant in New Jersey, you could be at a higher risk of trips, slips, and falls. Falling injuries due to intoxication include concussions, skull fractures, broken bones, sprains, and even spinal cord injuries, all of which you may be able to sue for with our attorneys’ help.
Physical Assaults
Bars and restaurants may even be held liable for injuries due to drunken assaults and altercations for overserving patrons, particularly if an assault occurs on the premises because of negligent security.
FAQs About Dram Shop Liability in New Jersey
Why Can You Sue a Bar for Overserving Alcohol?
New Jersey has specific “dram shop” laws that create liability for bars and restaurants that overserve alcohol to visibly intoxicated patrons or minors. A “dram shop” is any commercial establishment that sells alcohol.
How Long Do You Have to Sue a Bar for Overserving Alcohol?
New Jersey’s personal injury statute of limitations is only 2 years, so you do not have long to sue a bar for injuries due to overserving.
What Evidence Helps When You Sue a Bar for Overserving?
A negligent driver’s breath and blood alcohol test results, security camera footage from inside the bar or restaurant, eyewitness statements, and receipts showing all the drinks ordered and served can help you sue a bar for overserving.
What Compensatory Damages Can You Get if You Sue a Bar for Overserving?
If you can sue a bar for injuries you sustained because of overserving, whether you were overserved and fell or were injured by someone else who was overserved, you can get economic and non-economic damages.
Can You Get Punitive Damages if You Sue a Bar for Overserving?
If the overserving was especially egregious, you might even get punitive damages. Only plaintiffs who succeed at trial and present clear and convincing evidence of the defendant’s actual malice or wanton and willful disregard for the victim’s safety
Do Dram Shop Liability Laws Apply to Social Hosts in New Jersey?
There is a separate New Jersey statute that creates liability for social hosts who overserve guests alcohol when they are visibly intoxicated. Overserving a guest alcohol, knowing that they will drive home, can make social hosts liable for drunk driving accidents and other injuries.
Do Dram Shop Liability Laws Apply to Liquor Stores?
Dram shop liability also extends to liquor stores, meaning these establishments may not sell alcohol to anyone who appears visibly intoxicated or is under 21.
Can You Sue a Bar if Someone Dies from Overserving Alcohol?
If someone dies as a result of a bar or restaurant’s overserving alcohol to a patron, the establishment can be liable through a wrongful death claim filed by the victim’s personal representative.
Do You Need an Attorney to Sue a Bar for Injuries from Overserving?
Without our lawyers’ help, victims might not realize that suing the bar that enabled a drunk driver to get so drunk might also bear liability for their injuries and could potentially yield more compensation than a claim against the drunk driving alone.
Call Us About Injuries from Overserving in New Jersey
Call our Jersey City, NJ personal injury lawyers at (551) 525-6465 to discuss your case for free with Agrapidis & Maroules, P.C. today.