Liquor Liability Laws in Drunk Driving Accidents
Call Our New Hampshire Car Accident Attorney Today
If you have been hurt in a drunk driving accident, turn to the Injury Law Center®. Please note, our firm only represents victims of drunk drivers or those injured those injured as a result of an intoxicated person's negligence. We do not represent drunk drivers or those charged with DUI or OUI.
Drunk drivers are responsible for a large majority of auto accidents that take place in New Hampshire each year. Victims of drunk drivers often suffer debilitating injuries and sometimes even death. While the drunk driver was negligent in getting behind the wheel while intoxicated, sometimes the establishment which served the alcohol to the drunk driver can also be considered negligent or reckless. If you’ve been hurt, you may be able to bring an action against that establishment or person. This is known as a dram shop claim.
Want to determine if you have a claim? Call our New Hampshire car accident lawyer at (603) 266-5046.
Negligent / Reckless Service of Alcohol
Per RSA 507-F:4, it is considered "negligent service of alcoholic beverages" when alcohol is served to a minor or to an intoxicated person. If a server provides alcohol to a visibly intoxicated person, this would constitute negligence.
The New Hampshire State Liquor Commission characterizes visual signs of intoxication to include any of the following:
- The odor of alcohol
- A patron who stumbles, falls or staggers
- A patron who is excessively loud or has slurred speech
- Bloodshot eyes or disheveled appearance
- Loss of coordination, impaired judgment, and use of excessive foul language
If a server provides alcohol to a minor without requesting proof of age, this would also be considered evidence of negligence on the part of the server.
Per RSA 507-F:5, it is "reckless service of alcoholic beverages" when a server knows or should have reasonably known that such service would create an unreasonable risk of physical harm to the drinker or to others but served the alcoholic beverage(s) anyways. Examples of this would be active encouragement of intoxicated persons to consume substantial amounts of alcoholic beverages, service to a minor under the age of 16, such excessive service that it creates a substantial risk of death or alcohol poisoning, and actively assisting a patron into a motor vehicle while knowing that said patron intended to operate the motor vehicle.
Think you have a claim? Contact our car accident attorney in New Hampshire to set up a free consultation at the Injury Law Center®.
Are Private Parties Exempt? What Is the Liability of a Social Host?
We've all seen the movies where the parents go on vacation and the teenage kids throw a huge keg party, often with disastrous results. We've also heard reports of college students falling out of windows or off balconies after over-imbibing at fraternity parties. And then there is the parent who feels it is better for their kids to be drinking at home when they're there then out somewhere else. Holidays can also bring about many festive parties where the merry times often result in one too many drinks being shared at an event. In cases where the social host's service of alcohol would be considered reckless, the injured person may bring an action against the social host. It must also be proven the reckless conduct of the social host caused the injury.
Have You Been Injured by a Drunk Driver?
If you or a loved one has been seriously injured by an intoxicated driver, we can help you take the steps you need to file a successful accident claim against the driver and we can investigate if you can also make a dram shop claim or social host claim. We also accept cases on behalf of people who have lost a family member in a drunk driving accident.
Our team has unique insight and experience in this area of law and has helped thousands of clients recover compensation for their debilitating and often permanent injuries resulting from a drunk driving accident. We know that you have been through a lot and we want you to know that we are here for you to help you through this difficult time.
Contact the New Hampshire car accident lawyer at the Injury Law Center® today for a free consultation: (603) 266-5046.