Filing a New Jersey Dram Shop Injury Claim
Dram shop laws are designed to protect those who sustain injuries or property damage as the result of the drunken actions of another party. If the injured party and their New Jersey dram shop attorney can prove that a bar, restaurant, casino, hotel, or even a social host acted negligently or recklessly in serving the responsible drunk party, the injured party can recover financial compensation for their medical expenses, lost income, property damage, and physical and emotional pain and suffering as a result of their injuries.
According to New Jersey State law, a dram shop claim can be filed if:
- A visibly intoxicated individual is served, causing personal injury or property damage
- A minor was served under the circumstances where the server knew, or reasonably should have known, that the person was under the age of 21
- The injury or property damage was a foreseeable consequence of the negligent service of alcoholic beverages
Dram shop statutes most frequently refer to businesses or public entities serving alcoholic beverages, but social hosts may be found liable as well (discussed in further detail below).
New Jersey Social Host Liability and Dram Shop Lawyers
Injured persons may also seek damages in the case where a social host acted recklessly or negligently in their service of alcohol to guests. This can be in situations where the injured party was being served at the guests home, or in situations where another party was served, and then went on to cause injury to another.
Social hosts may be held liable in the following situations:
- The host was aware that the guest was intoxicated or the alcoholic drinks were provided with “reckless disregard of the consequences” to another party
- The situation created an unreasonable risk for bodily injury or property damage
- An individual was injured or sustained property damage as a result of a motor vehicle accident after being served alcohol by the social host
- Alcohol was served to a minor, causing injury or property damage
As with dram shop laws, the social host laws are intended to prevent alcohol related accidents. In the case where individuals sustain injury or suffer property damage, it can be a complicated case to prove culpability.
New Jersey Dram Shop Attorneys Recover Compensation for Victims of Alcohol-Related Injuries
At The Law Office of Fredson Statmore Bitterman, we have been assisting our dram shop accident clients recover losses related to the following.
- Medical expenses incurred as a result of the dram shop accident
- Lost wages due to missed work
- Property Damage
- Pain and Suffering
- Value of household services and childcare the victim would have otherwise performed
- Rehabilitation or therapy costs
New Jersey State law also allows victims to seek punitive damages in dram shop accident cases. This means that you may be entitled to further compensation if the liable party acted with gross negligence, recklessness, or with intentional harmful behavior.
It is important to note that often times there is a case against both the individual or business which served the alcohol, and the individual who caused the accident and resulting injuries and/or property damage. For example, if an individual X is over-served at a bar and gets into a vehicle accident, harming individual Y. Individual Y may have a case against both the bar who acted illegally by serving a visibly intoxicated patron, and a personal injury claim against individual X for injuries sustained.
Our team of attorneys have experience handling dram shop accidents and will make sure you are covered from every angle. Our dram shop accident attorneys will help sort through the details of your case and ensure you recover the full compensation you are owed.
Contact our New Jersey Dram Shop and Social Host Injury Claim Lawyers Today
With over 50 years of experience helping clients throughout, the personal injury team of Fredson Statmore Bitterman has the legal knowledge, training, and compassion you need to help you recover compensation in the event of a dram shop accident.
Led by a New Jersey Supreme Court Certified Civil Trial Attorney, our personal injury team takes all cases on a contingency basis, and we are prepared to come to you should your injuries prevent you from meeting with us in our Bloomfield, NJ office.
To schedule a free and confidential consultation with our firm today regarding your dram shop accident injury and your unique needs and concerns, please contact us online or through our Bloomfield office at (973) 777-8600.