For those injured by a drunk driver, more than just the drunk driver may be legally responsible for any injuries. Drunk driving accidents cause more than just property damage to the vehicles involved. Physical injuries from these types of incidents can be difficult to overcome, and a dram shop liability lawsuit can help victims claim the monetary recovery they are owed.
New Jersey state law allows remedies in civil cases for personal injuries and property damage caused by the negligent service of alcohol. This law applies to licensed alcoholic beverage servers, like bars, restaurants or party hosts, who have allowed a person to have too much to drink.
Proving dram shop liability
Three elements must be met in order to prove dram shop liability. First, as noted above, the server must be negligent. Negligence means that the server failed to use reasonable care.
Second, the lawsuit must demonstrate that the injury or damage was the proximate cause of the negligent service of alcohol. Proximate cause means that the injury or damage was the result of the server’s actions.
Third, it must prove that the injury or damage was a foreseeable consequence of the negligent action. This means that it was predictable that negligently serving alcohol would cause the injury or damage.
Personal injuries and property damage are serious and can have a lasting impact to the people affected. Compensation can help restore what you have lost. Dram shop liability, when proven effectively, ensures that negligent alcohol servers provide that compensation under New Jersey law.