You decide to meet up with some friends at a bar for happy hour after work. After a few hours you notice a guy stumbling his way to the restroom and then back to his table. You also notice that his server continues to bring him drinks despite his slurred speech and slouched posture.
The next thing you notice is a a group of people running out the door. The intoxicated guy got into his vehicle and backed into a trio of pedestrians in the parking lot. You may wonder then where the fault for the pedestrians alcohol-related injuries lies. With the driver? The server? Both?
In the state of New Mexico it could be both under the state dram shop laws. Our personal injury attorneys explain further.
What are New Mexico Dram Shop Laws?
Dram shop laws hold businesses that serve or sell alcohol partly liable for the victims alcohol-related injuries and damages. Social hosts can also be liable per certain circumstances.
Under 2006 New Mexico Statutes – Section 41-11-1, an injured person can submit a claim to hold a licensed alcohol vendor liable if they can prove the following:
- a vendor sold/served alcohol to an intoxicated person OR a social host served alcohol to an intoxicated person, AND
“reasonably apparent” to the vendor or social host that the person suffered from intoxication, or
- a vendor knowingly served and/or sold alcohol to an intoxicated person.
On the flip side, if an intoxicated person suffers an injury because of a slippery floor or an uneven step, that drunk person could pursue damages from the vendor or that served them alcohol for “gross negligence” or “recklessness” in properly maintaining their property.
New Mexico Dram Shop Laws Claim Time Limits & Damages
Those seeking to file a dram shop or liability claim in New Mexico must do so within three years of the injury. Beyond this time limit, the court could dismiss the claim and disregard any pursuit of compensation.
The amount of compensation for alcohol-related accident claims caps at $50k per person or $100k for bodily injuries per accident, and $20k for property damage per accident.
If you were injured by an intoxicated person in New Mexico, please contact us 24/7 for assistance. Our legal team has over 24 years of liability experience representing victims of the negligence. Make one call to (505) 544-4444 for a free consult, or chat with a live representative online day or night from the convenience of your mobile device.