Dram Shop Cases: According to legal dictionary law, a dram shop claim is case law in 38 states which makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, strictly liable to anyone injured by the drunken patron or guest.
In an article by Charles Toutant of the New Jersey Law Journal there was a settlement in Middlesex County involving a dram shop claim. A young man was leaving a bar around 3 A.M. New Year’s Day when he drove his car down a private road and into the Morris Canal Basin. The bar where the plaintiff was drinking continued to serve the plaintiff while he was visibly intoxicated. There were many defendants in the case however the bars insurance did contribute $1 million toward the settlement.
Visibly Intoxicated: According to N.J.S.A. 2A:22A–3 defines “visibly intoxicated” as “a state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication.” Examples of a “visibly intoxicated” person for which a server may be held liable for serving alcohol have been found in persons exhibiting a blank stare look, being animated or loud, having a very slight sway, slurring words and using rapid hand movements while talking. “Visibly intoxicated” has also been described as appearing to be in a daze, swaying, having bloodshot eyes, fumbling and having slow hand movements.
At Gill and Chamas we have handled many cases where alcohol has been a contributing factor in an accident. An example of one of the firm’s dram shop cases includes a plaintiff who was served while visibly intoxicated and was then hit by a car. This cases was settled for $925,000. The attorney on the cases was James Pagliuca of Gill and Chamas in Woodbridge. With two convenient locations in Woodbridge and Howell New Jersey Gill and Chamas is able to represent clients all over the state.
Gill and Chamas has numerous noteworthy settlements and verdicts:
If you or someone you know has been injured in an accident by a drunk driver or any other alcohol related incidents contact the personal injury attorneys at Gill and Chamas for a free consultation (732) 324-7600.