Albuquerque Dram Shop Lawyer

When a night out in Albuquerque ends in tragedy due to a drunk driving accident, victims and their families often face unimaginable challenges. If overserving alcohol played a role in the incident, dram shop laws may hold establishments accountable. At Gauthier & Maier Law Firm, we understand how these cases can arise in busy areas like Nob Hill, Downtown Albuquerque, and Uptown, where bars and restaurants thrive. Our Albuquerque Dram Shop lawyer can help you seek justice and ensure those responsible are held accountable.

If you or a loved one has been affected, contact Gauthier & Maier today for compassionate support and a free consultation.

 

Why Choose Us for Your Albuquerque Dram Shop Claim?

When pursuing a dram shop claim, you need a team that truly understands New Mexico's unique legal landscape. At Gauthier & Maier, we bring unmatched local knowledge to every case. We have a deep understanding of Albuquerque’s legal system and the specific dynamics of areas like Nob Hill, Downtown, and Uptown, where overservice cases often occur.

Our attorneys boast extensive experience in handling complex personal injury and dram shop cases, securing life-changing settlements and verdicts for our clients. We know how to build a compelling case that holds negligent establishments accountable for their actions.

At Gauthier & Maier, your needs always come first. We pride ourselves on our compassionate and client-centered approach, keeping you informed at every step and ensuring your voice is always heard. Unlike some firms, we never shy away from the courtroom. Our aggressive advocacy means we are ready to take your case to trial to fight for the justice and compensation you deserve.

If you're facing the aftermath of a dram shop-related incident, trust Gauthier & Maier to stand by your side and tirelessly pursue the best possible outcome.

What is Dram Shop Liability?

Dram shop liability refers to the legal responsibility placed on establishments, such as bars and restaurants, that serve alcohol to their patrons. Under this law, licensed alcohol vendors can be held accountable if they overserve alcohol to someone who is visibly intoxicated, and that individual goes on to cause harm to others, like in a drunk driving accident.

These laws exist to promote responsible alcohol service and protect the community from the preventable dangers of overserving. If a business neglects its duty and contributes to an accident, the consequences can be devastating—resulting in severe injuries, loss of life, and lasting trauma for the victims and their loved ones.

By enforcing dram shop laws, the justice system aims to hold establishments accountable and prevent reckless behavior that endangers others. At their core, these laws seek to create safer communities by ensuring that businesses take their responsibility to the public seriously.

Types of Dram Shop Laws

The term “dram shop” is a holdover from when alcohol was sold by the dram, which by modern-day standards is less than a teaspoon. Dram shop laws are laws that impose civil liability on a seller of alcoholic beverages when the person they sold alcohol to commits harmful, negligent acts. Not all states have dram shop laws, and among those that do, there are different types. 

Laws Involving Minors

Many dram shop laws are geared toward situations where the person who is served the alcohol is under the age of 21. In particular, when the seller knew or should have known that the person being served or sold the alcohol is under the age of 21, laws in those states hold the establishment liable for the resulting injuries caused by the underage, intoxicated party.

Social Host Liability Laws

In some states, “dram shop laws” and “social host liability laws” are used interchangeably. Generally speaking, in those states, social host liability laws hold sellers responsible for injuries caused by intoxicated persons to whom they sold or provided alcohol when it was clear these intoxicated persons were indeed intoxicated and should not consume more alcohol.  

In other states, social hosts are generally people who throw a party and serve alcohol, and they are treated differently from vendors who sell alcohol. In most of these states, a social host can be held liable for serving alcohol to a minor but not for serving alcohol to an intoxicated adult. 

Habitual Drinker Laws

In some states that have dram shop laws, one of the ways an establishment can be held liable is when they serve a person known to them as someone who abuses alcohol. These laws are not to be confused with laws like Virginia's where people designated as habitual drunkards could be arrested for purchasing alcohol – this Virginia law was struck down and amended.  

First-Party vs. Third-Party Dram Shop Claims

Dram shop liability depends on each state's law on the same, if the state even has a law. It also depends on who the victim is. In first-party dram shop laws, the victim who files the claim is the person who was actually served the alcohol and caused an accident in which they were injured. Then there are third-party dram shop laws, which are typically what we think of when we consider dram shop laws, and in these laws, the victim who files the claim is the one who is injured by the intoxicated person.

Knowing which applies in your state, if any, is important so that you can better strategize your claim and obtain maximum compensation. 

First-Party Dram Shop Laws

First-party dram shop laws apply to cases where the plaintiff is the person who was served the alcohol. Typically, although it depends on the state, these are people under the age of 21, and after leaving the establishment that served them the alcohol, they suffer an injury due to their over-consumption. For example, if a 20-year-old was served alcohol to the point of intoxication at a bar and then attempted to drive home but, on the way, lost control of their vehicle and hit a tree, causing severe injuries, they may pursue a claim against the bar that served them.

First-party dram shop liability tends to be difficult to prove. A jury tends not to side with the party they hold accountable directly for the accident – in this case, the intoxicated minor. A jury tends to find against these claims because they believe the “victim” should be held responsible for their own actions. 

Third-Party Dram Shop Laws

When a party that has been injured by an intoxicated person sues the establishment that served the intoxicated person the alcohol, third-party dram shop laws apply. For example, if we use the same example from above, but instead of hitting a tree, the intoxicated 20-year-old driver hit another vehicle head-on, seriously injuring the occupants, then the third-party occupants may sue the bar. To be clear, under these laws, the 20-year-old intoxicated driver cannot sue the bar for damages if they were also injured. 

Third-party dram shop liability tends to be less difficult to prove, but the claimant will have to prove by a preponderance of the evidence that the establishment is at fault. In most jurisdictions with these types of laws, the claimant usually must show that the intoxicated driver was visibly intoxicated when over-served alcohol by the establishment or, if the intoxicated person was a minor, show that the establishment had reason to know the person served alcohol was under the age of 21 years. 

Issues Arising from Dram Shop Injury Cases in New Mexico

There are various issues that can arise out of dram shop injury cases. Although it depends on the state, some of the more common issues are described below. 

Visible Intoxication

While proving that an underage person was served alcohol is not a difficult task, in cases where the person is over the age of 21, proving that they were “visibly intoxicated” can be burdensome. Often, a toxicologist will be retained by the plaintiff to prove that the drunk party was clearly and visibly intoxicated.

Places Where Alcohol Was Consumed

Another issue for a person seeking restitution under the dram shop laws is proving that the vendor was the only entity or person that served the person in question alcohol. In other words, was the vendor the only establishment where the intoxicated person consumed alcohol, or was it just one of many?  

Cause of Accident

Proving that a person involved in an accident was incorrectly served or over-served alcohol is not enough to recover compensation from the vendor. In addition, it still needs to be established that the intoxicated person actually caused the accident.

New Mexico's Dram Shop Liability Laws

New Mexico’s dram shop laws apply exclusively to licensed businesses. This includes restaurants, bars, and other establishments where servers or bartenders work under a liquor license.

Second, liability arises only when an establishment engages in certain actions, such as:

  • Selling or serving alcohol to a visibly intoxicated person
  • Failing to recognize that it was reasonably apparent the individual purchasing or receiving the alcohol was intoxicated
  • Knowing that the individual buying or consuming the alcohol was already intoxicated

The term “reasonably apparent” plays a critical role here. It doesn’t require a specific employee to believe someone is drunk. Instead, it refers to intoxication that is clearly visible, noticeable, and easy to recognize from an objective standpoint.

Evidence in Dram Shop Liability Cases in New Mexico

Recovering restitution under dram shop laws is often multi-faceted. Further, as the above issues indicate, proving liability can be challenging. You have a burden to prove your case by a preponderance of the evidence. That evidence can include:

  • Expert testimony, like toxicologists 
  • Witness testimony, like statements of any witnesses present when the intoxicated person was at the bar, bought the alcohol, etc.
  • Receipts or credit card statements,  that indicate the amount of alcohol that was served and at what times it was served
  • Photographs or videos that can be recovered showing how much alcohol the person was served, as well as the condition they were in when they arrived at the establishment and when they left the establishment

According to the facts of the case and the jurisdiction, additional evidence may be needed. 

Compensation Available Through New Mexico Dram Shop Liability Claims

Like all personal injury cases, if you have been injured by an intoxicated driver and the jurisdiction's dram shop law apply to your case, you can seek damages from the third party just as you would from the intoxicated driver. Restaurants, bars, alcohol stores, and the like might be held responsible, and if they are, they may owe:

  • Economic damages, like medical bills and lost wages
  • Non-economic damages, like pain and suffering
  • Punitive damages, if applicable, to punish and deter

The damages you can seek are state-specific, and you can only seek them against a restaurant, bar, or alcohol store if your state allows it. Contacting a lawyer to help you know your rights, the law, and who can be held responsible is the first step to making sure you get full and fair compensation.

Injured By a Drunk Driver? Our Dram Shop Attorneys Can Help You Seek Justice

It is controversial to hold liable any bar, restaurant, or store selling alcohol and any other establishment for selling or providing alcohol to consumers who soon thereafter drive while under the influence of alcohol and cause an auto accident. For those who find themselves victims of drunk driving accidents, holding these businesses liable makes sense. They are part of the problem if they knew or should have known that the driver was already intoxicated and should not be served or sold more alcohol. That moral culpability seems like it should also mean legal liability, but not always. 

Our New Mexico personal injury attorney located in Albuquerque, Los Lunas, and Belen has extensive experience handling drunk driving accident cases. Contact Gauthier & Maier Law Firm, P.C. for a free consultation and to learn more about these laws and whether they apply in New Mexico. Mexico.