The so-called “dram shop laws” have been around for centuries. Known here as the New Jersey Licensed Alcohol Beverage Server Fair Liability Act, the law holds any bar, restaurant, nightclub or retail outlet responsible for selling alcoholic beverages to anyone who is noticeably intoxicated. The business is liable for damages later caused by the overserved person by selling to the customer.
Businesses have responsibilities
Businesses are responsible for taking measures to provide a safe environment for their customers and employees. Measures include cleaning up water spills and clearly marking obstacles like steps. Still, it also applies to protecting customers’ safety from other inebriated customers who attack and injure them at the bar or venue. It also applies to innocent drivers on the road who are injured or killed by an intoxicated driver.
The burden of proof lies with the plaintiff
As is usually the case with personal injury claims, the plaintiff must prove that the negligent business serving alcohol failed to exercise sensible measures to protect the innocent and remove potential threats of injury. This includes proving that the venue did nothing about someone who was an obvious threat to others, as well as continuing to serve them alcohol.
Filing a claim
Whether the incident occurred at the local club or an outdoor spot down at the shore, victims who suffered an injury in an assault or collision should notify law enforcement immediately. They can also benefit from the assistance of a personal injury attorney. These legal professionals can hold the reckless business accountable for its inactions. The damages may include loss of income due to injury, property damage, or harm caused by the trauma. Call the attorneys at Goldstein, Ballen, O’Rourke & Wildstein, P.C. at 973-473-1113 to schedule your free consultation.