Dram Shop Lawyer in Bergen County, NJ | Free Consultation
When a bar, restaurant, or liquor store in Bergen County, NJ serves alcohol to someone who is clearly intoxicated — and that person goes on to injure you in a car accident or other incident — the establishment can be held legally responsible. These claims are known as dram shop claims, and they can dramatically increase the compensation available to accident victims.
At Siddons Law Firm, we represent injury victims throughout Bergen County, New Jersey in dram shop and liquor liability cases. Our attorneys investigate where the at-fault party was drinking before the accident, obtain surveillance footage and bar tabs, and build claims against the establishments that contributed to your injuries.
New Jersey Dram Shop Law and Bergen County Claims
New Jersey has a strong dram shop statute under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (N.J.S.A. 2A:22A-5). This law imposes strict liability on licensed establishments that serve alcohol to a visibly intoxicated person who then causes injury to a third party. New Jersey also extends social host liability for serving alcohol to minors under N.J.S.A. 2A:15-5.6 through 5.8.
In Bergen County, dram shop claims commonly arise from incidents involving bars, restaurants, nightclubs, and liquor stores that serve or sell alcohol to visibly intoxicated patrons. These establishments carry commercial liquor liability insurance, which provides a significant source of recovery beyond the individual tortfeasor’s auto or personal liability policy.
Proving a Dram Shop Claim in Bergen County
To succeed in a dram shop case in Bergen County, our attorneys must demonstrate that the licensed establishment served alcohol to a patron who was visibly intoxicated at the time of service, and that this continued service was a proximate cause of your injuries. Evidence we gather includes surveillance video from the bar or restaurant, credit card and bar tab receipts showing volume of alcohol purchased, testimony from bartenders and servers, witness statements from other patrons, blood alcohol content (BAC) evidence from the intoxicated individual, and police reports documenting the incident.
Statute of Limitations and Comparative Fault in New Jersey
The statute of limitations for dram shop claims in New Jersey is two years from the date of injury under N.J.S.A. 2A:14-2. New Jersey follows a modified comparative negligence standard with a 51% bar. You can recover damages as long as you are not more than 50% at fault. New Jersey also permits joint and several liability, meaning an intoxicated driver and the bar that over-served them can both be held fully responsible for your damages.
Types of Dram Shop Cases in Bergen County
Our firm handles a wide range of dram shop and liquor liability claims in Bergen County, including drunk driving accidents where the at-fault driver was over-served at a local bar, bar fight injuries where an establishment continued serving an aggressive and visibly intoxicated patron, alcohol-related pedestrian accidents, injuries caused by intoxicated individuals at events where alcohol was served, and cases involving service of alcohol to minors. New Jersey’s social host liability law also allows claims against private individuals who serve alcohol to minors who then cause injuries.
Damages Available in Bergen County Dram Shop Cases
Dram shop claims often result in significantly higher compensation than standard personal injury claims because they add an additional defendant with commercial insurance coverage. Damages available in Bergen County dram shop cases include medical expenses and future medical care, lost wages and diminished earning capacity, pain and suffering, emotional distress, loss of consortium, and in cases involving death, wrongful death damages for surviving family members.
Frequently Asked Questions About Dram Shop Claims in Bergen County
Can I sue a bar if a drunk driver hit me in Bergen County?
Yes. Under the New Jersey Dram Shop Act (N.J.S.A. 2A:22A-5), if a bar or restaurant in Bergen County served alcohol to a visibly intoxicated person who then caused your accident, you may have a claim against both the drunk driver and the establishment that over-served them.
What is the deadline to file a dram shop claim in New Jersey?
The statute of limitations for dram shop claims in New Jersey is two years from the date of injury. It is critical to act quickly because evidence such as surveillance footage and bar records may be destroyed if not preserved through prompt legal action.
Does New Jersey have social host liability?
Yes. New Jersey imposes social host liability on private individuals who serve alcohol to minors (under 21) who then cause injuries to third parties. However, social host liability does not generally extend to serving visibly intoxicated adults in a private setting — that liability applies primarily to licensed establishments.
Injured by an Intoxicated Person in Bergen County?
Our dram shop attorneys can help you recover compensation from the establishment that over-served the person who hurt you. Contact us for a free, no-obligation consultation.