Understanding New Jersey Dram Shop and Social Host Liability Law
According to data collected by the National Highway Traffic Safety Administration (NHTSA), approximately one of every three motor vehicle accidents nationwide involves at least one driver who is under the influence of drugs or alcohol. If you’ve been injured in a drunk-driving-related accident, you have the right to seek full and fair compensation for your losses.
Are you limited to filing a lawsuit against the at-fault driver? Under what circumstances can other parties be held responsible for your losses?
When you’ve been hurt in an accident involving a driver who was served alcohol by another person or entity, there are two potential legal pathways for obtaining compensation from the person or entity that served the alcohol. The first is the state dram shop law, which addresses the liability of businesses, business owners, and employees. The second is social-host liability law, which governs the liability of private individuals who serve alcohol.
New Jersey Dram Shop Law
Dram shop laws, so named because liquor used to be sold by the “dram,” apply to businesses that sell or serve alcohol to customers, including bars, taverns, restaurants, and package stores. In New Jersey, a business or “licensee” is liable for injuries caused by an intoxicated patron if:
- The business or licensee (or its employee) was negligent;
- The negligence resulted in an injury; and
- The injuries suffered were foreseeable.
Under New Jersey law, negligence may be established by showing that the business or establishment served alcohol to a visibly intoxicated person, or to a minor who the server knew or should have known was under the legal drinking age.
Social Host Liability in New Jersey
The New Jersey social host liability statute applies only to private individuals who serve alcohol to persons of legal drinking age. Under that statute, a social host is liable if all of the following can be established:
- The host served alcohol to a guest of legal drinking age who was visibly intoxicated;
- The host failed to act in a reasonable way to avoid the risk of foreseeable harm to others; and
- The plaintiff suffered injuries in a motor vehicle accident caused by the intoxicated guest.
There is also case law (judge-written opinions) in New Jersey that establishes social host liability when persons serve alcohol to minors who subsequently cause injuries.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury matters, including dram shop and social host liability claims, on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.