Dram Shop law in the State of New Jersey deals with the issues arising from the over-serving of alcohol to intoxicated individuals. Those who are overserved are far more likely to be involved in accidents that can lead to injuries – or worse. In these cases, Dram Shop liability is in place to help the victims recover their financial losses and begin to rebuild their shattered lives. But, what types of compensation are available for Dram Shop liability victims?
Dram Shop Liability
Dram Shop legislation is effective because it addresses two specific concerns about the effects of drunk driving. First, Dram Shop liability laws are a significant – and meaningful – way for the victims of drunk drivers to receive monetary compensation for their injuries or losses. Second, Dram Shop liability laws create an obligation for those who serve alcohol – be they a licensed premise or a social gathering – to be mindful of the physical and mental state of their customers and to exercise good judgment and civic responsibility in their business practices.
Dram Shop Liability Compensation
For those who have been injured at the hands of an individual who was over-served alcohol, the State of New Jersey offers legal recourse to seek compensation to recover losses related to any of the following:
- Pain and suffering
- Lost wages due to missing work
- Any medical expenses related to the accident
- Property damage
- Rehabilitation or therapy costs
- The value of any household services or child care that you may have otherwise performed if able.
New Jersey law also allows those who are the victims of Dram Shop negligence to sue for punitive damages. Punitive damages refer to further compensation – beyond those associated with your losses – used to punish the gross negligence of the guilty party. In order to receive punitive compensation, it is necessary to prove that the liable party acted with either gross negligence, recklessly, or with malevolent intent.
It is worth noting that in New Jersey, Dram Shop Liability is subject to the principles of comparative negligence. Concerning damages, this means that if fault for drunk driving accident injuries can be apportioned between multiple parties – for example, between the intoxicated driver and a bar – then damages will also be distributed to the extent that each party is found at fault. For instance, if a jury determines that a bar is only 50 percent at fault, it will only be liable for 50 percent of the damages suffered by a victim.
Victim of an Accident Caused By an Over-Served Person? DeZao Law is Here to Help
If you or a loved one have been injured in an accident caused by a drunk driver, you may be able to claim compensation not only from the driver but also from whoever gave them more alcohol than they should have. You can speak with an experienced New Jersey personal injury attorney today by contacting the Law Offices of James C. DeZao, P.A. Our firm provides legal services related to dram shop law cases and we are willing to assist you with your own. Call us at (973) 358-6134 for a free consultation.