New Mexico dram shop law involves claims against New Mexico restaurants, bars or party hosts who negligently over-serve their patrons. Although not every New Mexico drunk driving accident case will result in a dram shop case, it is nonetheless an issue to always explore.
If you have been injured as a result of a New Mexico drunk driving case and would like to talk to our attorneys to determine if there is also a dram shop case, you can call our New Mexico injury law firm or email us, and obtain a free evaluation.
Why Choose The Fine Law Firm?
- We have hands-on experience navigating drunk driving and dram shop accident cases in New Mexico. The Fine Law Firm has over 50 years of experience representing personal injury clients.
- Our personal injury lawyers have maintained a 99 percent case success rate through our hard work, commitment and attention to detail.
- We can go up against any establishment, institution or corporation to hold them accountable for serving alcohol to an intoxicated person in connection with drunk driving in New Mexico.
- There are no fees to hire us unless we win your case. We accept dram shop accident clients on a contingency fee basis, for $0 upfront.
We Are Experienced New Mexico Dram Shop Attorneys
Some of the New Mexico dram shop accident lawyers at the Fine Law Firm have been asked to lecture members of the bar on some of these topics. In addition, some of our cases have been instrumental in reshaping how New Mexico handles these cases.
In the landmark decision in MRC Properties, Inc. v. Gries, 98 NM 710 (1982), the Fine Law Firm attorneys were successful in requiring a social host, a local McDonald’s, to be responsible for the consequences of serving alcoholic beverages to minors resulting in a serious automobile accident.
What Is New Mexico’s Dram Shop Law?
A dram shop case seeks to hold a dram shop, or alcohol vendor, responsible for an accident or injury caused by an intoxicated individual. It pursues financial compensation from the dram shop for contributing to the incident by unlawfully overserving an already intoxicated person.
Under New Mexico Statutes Annotated (NMSA) §41-11-1, known as the Liquor Liability Act, a dram shop or alcohol vendor can face tort liability for furnishing an intoxicated person with alcohol, but only in limited circumstances.
If a bar, restaurant, club, casino, liquor store or another licensed alcohol vendor sold or gave alcohol to an obviously intoxicated person, this can provide grounds for a dram shop claim if the drunk individual goes on to cause an accident, such as a car crash.
Elements of a Dram Shop Case
New Mexico dram shop cases require more than simply showing a patron was served while intoxicated. There are additional elements that need to be proven that make these cases extraordinarily complex.
State law only allows for dram shop liability if the licensed alcohol vendor:
- “sold or served alcohol to a person who was intoxicated;
- it was reasonably apparent to the licensee that the person buying or apparently receiving service of alcoholic beverages was intoxicated; and
- the licensee knew from the circumstances that the person buying or receiving service of alcoholic beverages was intoxicated.”
It can be difficult to prove the necessary elements for a dram shop claim. The burden of proof is “based on a preponderance of the evidence,” or more likely to be true than not. You may need a lawyer to help you gather evidence to meet this burden.
How to Prove a Dram Shop Liability Claim in New Mexico
To have a dram shop accident claim in New Mexico, there must be proof that a reasonably prudent person would have recognized that the intoxicated person was already impaired by alcohol. If the drunk individual did not appear outwardly drunk, with no slurred speech or stumbling, for example, it would be more difficult to prove dram shop liability.
Even if the intoxicated person was not visibly drunk, however, the number of alcoholic beverages served to him or her could provide circumstantial evidence that the employee or manager of the establishment reasonably should have known to stop serving the individual.
Landmark dram shop cases in New Mexico shape how these claims are handled by the courts. In Gutierrez v. Meteor Monument LLC, for instance, the Supreme Court ruled that circumstantial evidence could prove that a man was intoxicated even if he didn’t appear to be, based on the fact that he was a known alcoholic and his coworkers knew he got drunk on the job.
Dram Shop vs. Social Host Laws
In some drunk driving accident cases, the intoxicated driver did not get alcohol from a licensed vendor but from a friend, family member, private party or social host. These cases fall under a different set of “social host liability” laws in New Mexico.
Under state law, anyone who provides free alcohol to others at a social gathering could face liability for the actions of an overserved guest. However, the standards are even higher in these cases than in commercial dram shop claims.
There must be evidence that the social host served the individual alcohol with a “reckless disregard for the rights of others.” Recklessness is a higher standard than simple negligence, or not doing what a reasonably prudent person would have done.
What Compensation Can I Recover in a Dram Shop Case?
Dram shop accident cases in New Mexico have damage caps that do not apply to most other personal injury claims. Section 41-11-1 of the law limits financial damages awarded to injured parties in these claims to:
- $50,000 per person for bodily injuries
- $100,000 per incident (two or more persons) for bodily injuries
- $20,000 for property damage
Keep in mind that compensation from a dram shop comes in addition to coverage provided by the drunk driver’s automobile insurance company for causing the auto accident. Hiring a lawyer from The Fine Law Firm can help you maximize your financial recovery as much as possible.
How Does Hiring a Dram Shop Accident Lawyer Help?
Dram shop laws protect the public by providing an additional source of financial compensation to a victim when an intoxicated individual causes harm. These laws can also help reduce the number of drunk driving accidents in a community by holding establishments that overserve patrons accountable.
Unfortunately, it can be exceedingly difficult for the average person to win a dram shop liability case without an attorney’s assistance. State law is very specific in the elements that must be met to recover compensation in these cases.
For the most part, the law protects alcohol vendors from liability for the actions of the intoxicated. In addition, businesses and corporations have their own legal teams and aggressive insurance companies ready to fight dram shop cases.
To strengthen your drunk driving or dram shop accident case in New Mexico, hire an experienced personal injury attorney. A lawyer has the resources to find and collect evidence to prove the necessary elements of your claim, and go up against any defendant in pursuit of justice. You can count on a lawyer to do what’s necessary to recover fair compensation for your losses.
Contact The Fine Law Firm for a Free Dram Shop Case Review
At The Fine Law Firm, we are highly experienced at handling dram shop cases for clients and holding alcohol vendors liable for negligently overserving patrons. We are passionate advocates for victims of drunk drivers in Albuquerque and throughout New Mexico.
As your attorneys, we will explore every possible avenue for recovering compensation on your behalf, including holding a bar, establishment or social host liable for furnishing the alcohol to an already “apparently intoxicated” person.
We’re here to help you get justice and peace of mind. Call (505) 889-3463 today for a free initial case review.