If you have sustained injuries due to a drunk driver, please read on, then contact one of our experienced New Jersey drunk driving accident lawyers to learn what you should know about dram shop laws in the state of New Jersey.
Does New Jersey have dram shop laws?
Most U.S. states have enacted a dram shop law of one kind or another and the Garden State is no exception. New Jersey’s dram shop law affords individuals who sustained injuries as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided or assisted in providing, the alcohol to the intoxicant. In other words, if you sustained injuries through the wrongful behavior of another person, you may have the ability to assert a personal injury claim against that person.
Who is subject to dram shop laws in New Jersey?
In addition to dram shop claims, New Jersey allows for social host liability claims. These claims are as follows:
Dram shop law:
- The intoxicated individual was “visibly intoxicated” when served
- The vendor knew or reasonably should have known the person being served was under age 21
Social host liability law:
- The person who caused the injuries was visibly intoxicated in the presence of the host
- The circumstances created an “unreasonable risk” of harm to life or property
- The injury resulted from a motor vehicle accident caused by the intoxicated person who was served by the social host
Keep in mind that New Jerseyans have two years, from the date of the accident, in which to bring forward a personal injury claim, which is why you should reach out to one of our skilled New Jersey personal injury lawyers to discuss your next steps.
What damages can you seek in an Essex County dram shop claim?
In New Jersey, victims of drunk driving are able to sue for economic, non-economic and punitive damages. Though punitive damages are rarely awarded, they are intended to punish a negligent driver for malicious, fraudulent or grossly negligent behavior. Economic and non-economic damages are as follows:
- Medical and hospital bills
- Bills for rehabilitation or therapy
- Lost wages
- The value of household services and childcare the injured person would otherwise have performed
- Property damage
- Pain and suffering
Do not go it alone. Please give us a call today.
Contact our experienced New Jersey firm
If you or someone you know has sustained an injury, whether on the job, on the road, due to a medical professional’s negligence, or otherwise, our firm is here. Rubenstein, Berliner & Shinrod, LLC has helped countless victims of negligence over the years, and we are ready to do the same for you. Contact our firm today so we can get started.
