The aftermath of a drunk driving accident is often a blur of flashing lights, hospital rooms, and overwhelming uncertainty. When a person makes the reckless decision to get behind the wheel after drinking, they are held accountable for the wreckage they leave behind. That being said, in many South Jersey cases, the story does not begin and end with the driver. There is often a preceding chapter that took place at a local bar, a crowded restaurant, or a sprawling Atlantic City casino floor.
At Lipari & Deiter, we often meet with families whose lives have been shattered by intoxicated drivers. One of the most frequent questions we hear is whether the business that served the alcohol can also be held responsible. As experienced Atlantic City personal injury attorneys, our team is dedicated to uncovering the full chain of events to ensure every negligent party is held responsible. The answer often lies in a specific area of New Jersey law known as Dram Shop liability. These laws exist to ensure that licensed establishments play their part in public safety by not over-serving patrons who are clearly a danger to themselves and others.
If you or a loved one was injured in a crash involving an intoxicated person, it is essential to look beyond the driver. We understand the nuances of New Jersey liquor liability laws and how they apply to the unique hospitality landscape of South Jersey.
What Is New Jersey Dram Shop Law?
The term dram shop dates back to a time when alcohol was sold by a unit of measure called a dram. In modern legal terms, it refers to the New Jersey Licensed Server Liability Act. This statute creates a civil cause of action against any business with a liquor license that negligently serves alcohol to a person who then causes an accident.
Under this law, a server is considered negligent if they serve alcohol to a minor or to a person who is visibly intoxicated. In the context of a drunk driving crash, the focus is usually on the latter. New Jersey law defines visible intoxication as a state of inebriation that is accompanied by signs of impairment that are plain and easily observed. This might include slurred speech, bloodshot eyes, a lack of physical coordination, or aggressive behavior.
When we take on a case, we work to prove that the establishment knew, or should have known, that the patron was intoxicated but continued to serve them anyway. This is a critical distinction. The law does not just punish the establishment for the driver’s actions; it punishes the establishment for its own failure to follow safety protocols.
The Unique Challenges of Atlantic City Casinos
South Jersey is home to some of the most prominent gaming and entertainment destinations in the country. Atlantic City casinos are massive operations that serve thousands of people every day. Unlike a small neighborhood bar where a bartender might know every regular, a casino environment is fast-paced and high-volume. This does not, however, excuse them from their legal obligations.
In fact, the culture of Atlantic City can often create higher risks for over-consumption. Casinos frequently provide complimentary drinks to players to keep them at the tables. When alcohol is free and flowing, it is easy for a patron to lose track of their intake. Security teams and floor staff have a duty to monitor these patrons. If a casino continues to comp drinks for a gambler who is stumbling or showing clear signs of intoxication, and that person later causes a crash on the Atlantic City Expressway or the Garden State Parkway, the casino may be held liable under Dram Shop laws.
Our firm has deep roots in Atlantic City and the surrounding coastal communities. We understand the internal structures of these large-scale operations. We know how to navigate the complexities of casino litigation, from obtaining surveillance footage to identifying which staff members were responsible for the service of alcohol on a specific night.
Proving Visible Intoxication After the Fact
Proving that a person was visibly intoxicated at the time of service is one of the most challenging aspects of a Dram Shop case. The establishment will almost always claim that the patron appeared perfectly sober when they were served. This is where the expertise of South Jersey dram shop liability lawyers becomes critical, as we must build a compelling narrative backed by hard evidence.
One of the first steps we take is securing surveillance footage. In today’s world, almost every bar, restaurant, and casino is equipped with high-definition cameras. This footage can be the “smoking gun” in a case. It allows us to see exactly how the patron was acting. Did they fall off a stool? Were they leaning heavily on the bar for support? Did the server appear to notice their condition?
We also look for digital and physical footprints. Receipts and credit card statements can show the volume of alcohol purchased and the timeframe in which it was consumed. If a person purchased ten high-alcohol beers in two hours, it is a strong indicator that they were likely showing signs of impairment. Witness testimony is another vital component. We speak with other patrons, servers who may have been off duty, and even the police officers who responded to the crash.
Finally, we work with toxicologists. These experts can perform a retrograde extrapolation of the driver’s blood alcohol content (BAC). By looking at the BAC at the time of the crash, they often can work backward to estimate what the person’s BAC would have been while they were still at the bar and what physical symptoms they would have likely exhibited.
Why Pursuing a Dram Shop Claim Is Important
You may wonder why it is necessary to sue a bar or casino if the driver already has insurance. The reality is that many individual drivers in New Jersey carry only the minimum required insurance coverage. In a catastrophic accident involving permanent disability, brain injury, or wrongful death, those policy limits are often exhausted within minutes of the case beginning.
Commercial establishments, on the other hand, typically carry much larger liability insurance policies. By identifying a negligent third party like a bar or casino, we can help our clients access the full compensation they need for their recovery. This includes coverage for current and future medical expenses, compensation for lost wages, and damages for pain and suffering.
Pursuing these claims also serves a greater public purpose. When a business is held financially responsible for over-serving, it sends a message to the entire hospitality industry. It encourages better training for staff, stricter monitoring of patrons, and a culture that prioritizes safety over profits.
The Foreseeability Factor in New Jersey Law
A central pillar of New Jersey Dram Shop litigation is the concept of foreseeability. For a business to be held liable, the injury caused by the intoxicated person must have been a foreseeable consequence of the negligent service.
In the case of drunk driving, the courts have consistently held that it is foreseeable that an intoxicated person will get into a car and cause an accident. We live in a region where many people rely on vehicles to get home from a night out. If a bar in a suburban town or a casino in Atlantic City serves a person until they can barely stand, they should reasonably anticipate that the person might attempt to drive.
Nonetheless, the law also applies to other types of injuries. If an over-served patron gets into a physical altercation at the bar and injures another customer, the establishment may be liable for those injuries as well. Our focus at Lipari & Deiter is ensuring that the link between the illegal service of alcohol and the resulting harm is clearly established for the court.
Overcoming Common Defense Tactics
Establishments and their insurance companies do not simply admit fault. They use a variety of tactics to avoid paying Dram Shop claims. One common defense is the argument of comparative negligence. They may try to shift all the blame back onto the driver, arguing that the driver’s choice to get behind the wheel was the sole cause of the accident.
In New Jersey, we follow a modified comparative negligence rule. This means that a plaintiff can recover damages as long as they were not more than 50 percent responsible for the accident. In a Dram Shop case, the jury is often asked to apportion a percentage of fault to the driver and a percentage to the bar. Even if the driver is found to be 60 percent at fault, the bar can still be held liable for its 40 percent share of the damages.
Another defense is the claim that the patron’s intoxication was not visible. They might argue that the person was a high-functioning alcoholic who could hide the symptoms of a high BAC. We combat this by using the expert testimony and evidence gathering mentioned earlier. We know the tricks the defense will use, and we are prepared to meet them with facts.
Our Approach to Investigation and Litigation
As a litigation-focused firm, we do not shy away from the courtroom. Christopher S. Lipari is a Certified Civil Trial Attorney, a distinction that reflects a high level of experience and skill in the trial process. We prepare every case as if it is going to trial from day one.
In a Dram Shop case, time is of the essence. Evidence can disappear quickly. Security footage is often overwritten after 30 days. Witnesses move away or their memories fade. When you contact us, we immediately begin the process of preserving evidence. We send spoliation letters to the bars and casinos involved, legally notifying them that they must save all relevant data and footage.
We also handle the complex interactions with insurance adjusters. These companies are looking for any reason to deny your claim or offer a lowball settlement. We act as your shield, ensuring that you are not pressured into accepting anything less than what you deserve. Our goal is to take the legal burden off your shoulders so you can focus on healing.
Seeking Justice Beyond the Intoxicated Driver
Drunk driving is a choice, but it is a choice that is often fueled by the negligence of a business that puts its bottom line ahead of community safety. If you have been hurt in a crash, you deserve to know the whole truth about how that driver became so intoxicated. You deserve to know if a professional server saw the signs and chose to ignore them.
As bar & restaurant accident attorneys in Atlantic City, NJ representing victims of negligence in Atlantic County, Cape May County, Ocean County, and throughout New Jersey, we have the resources and the dedication to hold every responsible party accountable. We believe in aggressive representation and compassionate client service. Whether the accident happened on a quiet street in Cape May or a busy intersection in Atlantic County, we are here to help.
Contact Lipari & Deiter Today for a Consultation About Your Case
If you or someone you love has been affected by a drunk driving accident, do not wait to seek legal guidance. New Jersey has strict statutes of limitations for personal injury and Dram Shop claims. Missing these deadlines could mean losing your right to seek compensation forever.
We invite you to reach out to our team to discuss the details of your situation. We offer a free, no-obligation consultation where we can evaluate your case and explain your legal options. Our firm works on a contingency fee basis, which means you do not pay us anything unless we successfully recover money for you.
Let us help you navigate this difficult time. Contact Lipari & Deiter today at 609.905.4701 or through our website to schedule your consultation. We are ready to stand by your side and fight for the justice you deserve.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.