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A frustrating element pertaining to car accidents is that most could have been prevented, which is especially true when it comes to drunk driving mishaps. A drunk driving accident results from someone making a deliberate choice that negatively impacts someone going about their day. Nothing could ever make up for the impact of a drunk driving accident, especially one that ends in severe or even fatal injuries. However, victims and their families can hold the responsible parties accountable.
While it is the individual’s responsibility to know their limits in New Mexico, establishments that sell alcohol, along with hosts that provide alcohol to their guests, are also responsible for ensuring that no one is over-served. This responsibility is known as “dram shop” liability, and it means that hosts and businesses can be held liable for selling or serving alcohol to a person who then caused harm to someone else. The dram shop liability attorneys at Dominguez Law may be able to help you achieve the best possible results based on the circumstances of your injuries.
In New Mexico, dram shop law allows an injured person to hold a licensed alcohol vendor liable if the vendor served or sold alcohol to a person who reasonably appeared to be intoxicated.
For instance, if a person has had several drinks and has begun to show signs of intoxication to the point that a reasonable person would conclude they are drunk, the bartender should stop serving them alcohol. Otherwise, the intoxicated person may end up causing an accident. The bar can then be considered liable for the accident and subsequent damages if the bartender kept serving them.
In New Mexico, a licensed alcohol vendor includes:
If the injured person can establish the elements above in their case, they can work to recover compensation from the alcohol vendor for the damages they have incurred.
New Mexico law allows social hosts to be held legally responsible for the actions of intoxicated guests. The social host liability law states that an injured person can sue for compensation if the alcoholic beverages were provided recklessly with little to no regard for the rights and safety of others. Social host liability does not extend to any guest who consumed alcohol at the party; it refers to private party hosts.
Suppose a person goes to a friend’s party and the host keeps serving them drinks despite seeing signs of apparent intoxication. In that case, if the person drives off and gets into an accident, the host may be liable for any damages incurred in the accident by the injured person. An injured person can recover compensation from the host if they can prove that the host continued to serve the drunk guest drinks recklessly with no regard for the rights and safety of others.
Dram shop injury claims are complicated. It can be challenging to prove a vendor knowingly served or sold alcohol to an already intoxicated patron or that a social host recklessly provided alcoholic beverages to an intoxicated guest. However, at Dominguez Law, our shop liability attorneys have extensive resources and legal expertise at hand to build a strong case that proves the vendor or social host liable. Our dram shop attorneys can help with the following:
At Dominguez Law, we will go the extra mile to ensure our shop liability lawyers have the necessary evidence to support your claim. Our shop liability lawyers also have no problem taking a case to trial if it means reaching the best outcome for our clients.
When you have suffered at the hands of negligent and reckless individuals, it is critical to secure a compassionate and aggressive shop liability attorney that can ensure your rights and best interests are protected. Contact Dominguez Law today to ensure that you have a strong advocate at your disposal. Our Spanish-speaking attorneys have represented clients with a wide range of personal injury and car accident claims. We understand how to tackle dram shop cases to ensure our clients reach favorable outcomes.
At Dominguez Law, our shop liability attorneys will help you achieve the best possible results based on the circumstances of your case. Schedule a free consultation with us by reaching us through our online contact form or calling (505) 596-4481.
At Dominguez Law, we believe in holding parties who act recklessly accountable for their actions and are dedicated to making their insurance companies pay top dollar for your claim. If you believe the at-fault party acted negligently or recklessly, contact us as soon as possible.
To schedule a free consultation with one of our compassionate and aggressive Albuquerque car accident attorneys, call Dominguez Law today at 505-850-5854 or contact us online. Se Habla Español.
