What is Social Host, Dram Shop Liability in New Jersey?

When you are involved in an auto collision with a drunk driver, you may immediately believe the blame rests entirely on their shoulders, as they made the conscious decision to get behind the wheel after consuming a significant amount of alcohol. However, taking a step back to see the whole picture, you may consider whether the individual who served them these alcoholic beverages in the first place is partially at fault. Well, with that being said, please continue reading to learn more about social host and dram shop liability laws and how an experienced Passaic County auto accident lawyer at the Law Offices of August R. Soltis can help you hold the appropriate person or entity responsible for your unnecessary injuries and damages.

What does social host and dram shop liability mean in New Jersey?

First of all, social host liability and dram shop liability are two different laws in New Jersey. The former states that a social host can be held liable for injuries to a third party (i.e., a drunk driving accident victim) if they negligently provide alcohol to a guest who is either visibly intoxicated or is a minor and then causes an accident.

Specifically, visible intoxication is defined by behaviors and appearances like slurred speech, unsteady movements, glassy eyes, drowsiness, etc. Then, a minor is any individual younger than the federal legal drinking age of 21.

The latter law (i.e., the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act) establishes that a business that sells or serves alcohol is responsible for injuries and damages caused by a patron who is either visibly intoxicated or is a minor to whom they served alcohol. Examples of such businesses that are expected to comply with this Act are restaurants, bars, and clubs.

When can a host or establishment be held liable after a drunk driving accident?

Being that you later got involved with an intoxicated driver who caused your accident, you may admit that you did not witness first-hand the potential negligence of a social host or business employee with whom the driver first interacted. But you may also know that establishing a host’s or employee’s negligence is critical if you wish to hold them liable in your personal injury claim, as well.

Rest assured, there are means of showing the New Jersey civil court that this party knew or should have reasonably known that the at-fault driver was intoxicated or a minor. Namely, you may gather testimonies from those present at the same social gathering, recounting the driver’s erratic behaviors or confirming the close relationship with the host, to the extent that they should know basic information, such as their age.

Or, if they originated from a restaurant, bar, or club, you may acquire their tab and final receipt from the night. This may showcase the amount of alcoholic beverages they purchased and were served in that single night, the same night they got in their vehicle and crashed into you. You may also obtain security camera footage from the premises, which may have captured the driver’s unusual behaviors and actions before leaving.

While we understand that you may not want to deal with any of this right now, it must be addressed for your physical, emotional, and financial well-being. So please allow a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.