Social Host Liability and the Applicable Dram Shop Laws in New Mexico

Despite nationwide education on the prevalence of deaths due to alcohol, drunk driving accidents are still commonplace across the United States. When individuals are injured in an accident with a drunk driver, they may bring a personal injury lawsuit against the driver for their damages. However, many people do not know that in certain, very limited circumstances, they may be able to collect damages from the person who served alcohol to the drunk individual.

bar-shots-2-1536476Like many other states, New Mexico has a dram shop law that governs certain types of alcohol-related accidents. Dram shop laws allow an injured individual to bring a lawsuit against a person who serves or sells alcohol to a person who then goes on to cause an injury to someone else.

Someone injured in New Mexico may be able to bring a lawsuit if the plaintiff establishes that the vendor sold or otherwise provided alcohol to a person who was drunk. Additionally, in the interest of fairness, the intoxication must be “reasonably apparent” to the person providing the alcohol, or the person must have known that the individual was intoxicated.

An interesting caveat to this theory is when the intoxicated person wants to bring a claim against the party who served them alcohol. They will only be successful if they show that the service was “reckless” or “grossly negligent.”

Fatal Crash Victims Met at Bar in New Mexico Prior to Accident

Earlier this month, a triple-fatal crash occurred near a northeast Albuquerque, New Mexico bar. According to a local New Mexico news report, the individuals were involved in an accident after meeting at a local bar. An initial investigation by New Mexico police revealed that the driver and his passenger met two women at a local bar before departing. The driver, a soldier stationed in Texas, was driving at over 100 miles per hour when the accident occurred.

The driver was traveling with a passenger, who was a fellow soldier, and two of the women they had met at the bar. Apparently, he was unable to control his car, and he rammed into a curb. The car went flying about 300 feet onto a golf course. Sadly, the driver and the two women were killed.

The police investigation led investigators to find alcohol containers at the crash site. It is likely that the parties were intoxicated when they left the bar.

Have You Been Injured by a Drunk Driver in New Mexico?

If you or a loved one has been injured in a car accident in New Mexico, you should seriously consider contacting an attorney at the Fine Law Firm. An attorney at the Fine Law Firm can negotiate, mediate, and advocate on your behalf. In these types of cases, it is possible that the victim may be able to bring a lawsuit against the party who served the intoxicated individuals alcohol. An attorney can help you navigate these legal nuances and help you seek the compensation that you deserve. You may be entitled to monetary compensation for the injuries you suffered, including payments for past and future medical expenses as well as for the pain and suffering you endured. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

State Court Hears Appeal Following Denial of Expert Testimony, New Mexico Personal Injury Lawyer Blog, February 2, 2016.

Tenth Circuit Upholds Validity of Liability Waiver After Rafting Accident, New Mexico Personal Injury Lawyer Blog, January 20, 2016.