Restaurants, Bars and Homeowners Can Be Liable for Their Over-Served Guests

Related Attorney: Timothy E. Dinan

January 10, 2024Restaurants, Bars and Homeowners Can Be Liable for Their Over-Served Guests

Dram shop liability in the state of New Jersey represents a legal doctrine that holds alcohol vendors accountable for injuries or damages caused by individuals who have consumed alcohol on their premises. This principle recognizes that the service of alcohol to visibly intoxicated or underage individuals can contribute to accidents, injuries, or harm to others.

New Jersey's dram shop liability is codified under the state's Alcoholic Beverage Control (ABC) Act. According to this legislation, establishments that serve alcohol can be held liable if they provide alcohol to a visibly intoxicated person or a minor who subsequently causes harm to themselves or others. This broadens the scope of responsibility beyond the individual who consumed the alcohol to include the establishment that served it.

One key aspect of New Jersey's dram shop liability is proving proximate cause. To establish a viable dram shop claim, plaintiffs must demonstrate a direct link between the over-service of alcohol and the resulting harm or injury. Establishments may be found liable if they negligently serve alcohol to individuals already visibly intoxicated, contributing to subsequent accidents such as drunk driving incidents.

New Jersey's dram shop laws also encompass social hosts who may be held liable for injuries caused by individuals they served alcohol in a non-commercial setting. This holds hosts responsible for the consequences of serving alcohol to guests who are visibly intoxicated, who they know will be driving, or underage.

It's essential for both alcohol vendors and social hosts in New Jersey to be aware of dram shop liability, as the consequences of violations can be significant. Establishments may face civil lawsuits seeking compensation for injuries, while social hosts may also be held accountable for damages resulting from their negligence in serving alcohol.

In summary, New Jersey's dram shop liability laws aim to promote responsible alcohol service, reduce alcohol-related accidents, and provide a legal avenue for those harmed due to the negligent provision of alcohol. Understanding and adhering to these laws is crucial for both alcohol vendors and social hosts to ensure the safety and well-being of the community.

Questions? Contact Tim Dinan at tdinan@lcrlaw.com, or (973) 729-1880.

See our previous blog post
here.