We all know that drinking and driving is dangerous and illegal. But what happens when someone is overserved at a bar or restaurant and then causes an accident? In New Jersey, there’s a specific law that addresses this situation: the Dram Shop Law.

While many people have never heard the term “dram shop,” this law plays a critical role in protecting the public and holding businesses accountable for their actions. If you or a loved one has been injured by a drunk driver, understanding how New Jersey’s dram shop law works could be key to getting the justice and compensation you deserve.

What Is the Dram Shop Law?

The term “dram shop” dates back to 18th-century England, where alcohol was often sold by the “dram” (a small measure of liquor). Today, “dram shop laws” refer to statutes that allow injured parties to hold alcohol-serving establishments — like bars, restaurants, and clubs — legally responsible for harm caused by intoxicated patrons.

In New Jersey, the dram shop law is outlined in N.J.S.A. 2A:22A-1, also known as the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act. This law allows victims to bring a claim against establishments that negligently serve alcohol to:

• A visibly intoxicated person, or
• A minor under the legal drinking age (under 21)

If that patron then goes on to cause an accident resulting in injury or death, the establishment can be held partly or fully liable.

When Can an Establishment Be Held Liable?

There are two main scenarios in which a New Jersey bar or restaurant can be sued under the dram shop law:

1. Serving a Visibly Intoxicated Person

The law requires servers and bartenders to stop serving anyone who is clearly drunk. Signs of visible intoxication can include:

• Slurred speech
• Stumbling or lack of coordination
• Bloodshot eyes
• Aggressive or inappropriate behavior
• Inability to focus

If an establishment continues to serve a customer showing these signs, and that person later causes an injury (such as a car crash), the business can be held responsible.

2. Serving a Minor

It is illegal to serve alcohol to anyone under 21 in New Jersey. If an establishment serves a minor who then causes an injury, they can be sued regardless of whether the minor appeared intoxicated.

How Does Liability Work in Dram Shop Cases?

In many cases, liability for an accident caused by a drunk driver can be shared between the driver and the establishment that served them. This is known as comparative negligence.

For example, if a drunk driver causes a serious crash, they are primarily responsible. But if a bar knowingly over-served them, that bar might share part of the legal responsibility for the victim’s damages. A court or jury can determine what percentage each party should pay.

Evidence Needed to Prove a Dram Shop Case

Dram shop cases can be complex and require strong evidence to prove negligence. Important types of evidence may include:

• Surveillance footage from inside the bar or restaurant
• Witness testimony from staff or other patrons
• Receipts and credit card records showing how many drinks were served
• Police reports from the accident
• Expert testimony, sometimes from toxicologists

It’s essential to act quickly because evidence can disappear or become harder to collect over time.

Why File a Dram Shop Claim?

After an accident with a drunk driver, many victims focus on recovering compensation from the driver’s insurance. But what if the driver has limited or no insurance coverage? Or what if the damages far exceed what insurance can pay?

A dram shop claim offers another path to financial recovery. By holding the bar or restaurant accountable, injured victims may be able to receive additional compensation to cover:

• Medical bills
• Lost wages
• Future treatment or rehabilitation
• Pain and suffering
• Property damage

In tragic cases involving fatalities, families may also file wrongful death claims to seek justice and secure financial support.

How Long Do You Have to File?

In New Jersey, the statute of limitations for filing a dram shop claim is generally two years from the date of the injury. It’s critical to consult with an experienced attorney as soon as possible to preserve evidence and protect your rights.

Tips for Victims: What to Do After an Accident Involving a Drunk Driver

If you are hit by a drunk driver, take these steps to strengthen your potential dram shop case:

1. Call the police immediately. Official reports are crucial.
2. Seek medical attention right away, even if you feel okay at first.
3. Document the scene. Take photos of vehicles, injuries, and any surroundings.
4. Get witness contact information. Passengers, bystanders, or other drivers can provide valuable statements.
5. Avoid discussing fault or making statements to insurance adjusters without legal advice.
6. Consult an attorney experienced in dram shop and personal injury law as soon as possible.

Choosing the Right Lawyer for a Dram Shop Case

Dram shop claims require deep knowledge of both personal injury law and specific state alcohol liability statutes. An experienced lawyer can:

• Investigate the incident thoroughly
• Gather and preserve crucial evidence
• Consult with experts
• Handle negotiations with insurance companies and opposing counsel
• Take your case to trial if needed

Working with the right legal team can greatly increase your chances of securing full and fair compensation.

Final Thoughts

New Jersey’s dram shop law plays a vital role in promoting responsible alcohol service and protecting the public from preventable tragedies. Bars and restaurants have a duty to serve alcohol responsibly and refuse service to those who are clearly intoxicated or underage.

If you or a loved one has been injured due to a drunk driver who was overserved, you don’t have to navigate this complex situation alone. A dram shop claim can help you recover the compensation you need to heal and move forward — while holding negligent establishments accountable.