Are there any exceptions to dram shop liability?

Yes, there are exceptions to dram shop liability in New Jersey. First, New Jersey law provides that an individual who is 21 years old or older can be held liable for damages caused by their own intoxication, but the person or business who is found to have sold or given them the alcohol cannot. In addition, if the seller of alcohol had “reasonable grounds to believe” that the buyer was underage or already intoxicated, then the seller is not liable for damages caused by the buyer. Second, if a business or person is found responsible for providing alcohol to an intoxicated person who then causes harm to another person, the establishment would be exempt from liability if it can be established that the seller had a duty to the injured party to protect them from harm and they breached that duty by allowing the intoxicated person onto the premises. Additionally, there are certain situations in which a third party like a social host may be held liable for providing alcohol to an intoxicated adult who then causes harm. However, this situation is rare and it must be proven that the social host knew or should have reasonably known that the alcohol was being consumed by an intoxicated person. Finally, it is important to note that liquor liability laws vary from state to state. Therefore, if you have questions or concerns, it is best to consult a knowledgeable and experienced attorney for advice.

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Are there any exceptions to dram shop liability?

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