What is the legal definition of “over-serving”?

In New Mexico, “over-serving” refers to the illegal practice of serving alcohol to someone who is already visibly intoxicated. It is illegal for any person, bar, or restaurant to sell or serve alcohol to an individual who is visibly intoxicated, meaning someone who displays signs of intoxication including, but not limited to, slurred speech, difficulty standing, or loud or aggressive behavior. This definition applies to anyone selling or serving alcohol in the state of New Mexico, not just bartenders or servers in bars and restaurants. It is important to note that anyone over the legal drinking age of 21 in New Mexico is allowed to consume alcohol, and it is not illegal for someone to become visibly intoxicated in public —so long as they did not obtain the alcohol from an establishment. However, if an individual who is already visibly intoxicated enters a restaurant or bar, the staff must refuse to serve them any additional alcohol, even if the individual is of legal drinking age. In the state of New Mexico, over-serving is a specific offense that is governed by Liquor Liability Law, and those found liable of over-serving may be held accountable for any damages or injuries caused by the intoxicated person. For this reason, it is important for anyone in the hospitality industry to understand and abide by the laws set forth for the legal sale and serving of alcohol in New Mexico.

Related FAQs

Are there any exceptions to dram shop liability?
Can I be held liable for injuries caused by a patron who was served alcohol at my premises?
What is the difference between criminal law and tort law when it comes to liquor liability?
Are there any legal age requirements related to serving beer or wine?
Can I be sued if a patron injures themselves while intoxicated on my premises?
Are there any special rules or regulations related to serving alcohol in my state?
What should I do if I suspect a patron is buying alcohol for a minor?
What is liquor liability law?
How can I protect myself from liability when hosting an event where alcohol is served?
What is the difference between criminal court and civil court when it comes to liquor liability claims?

What is the legal definition of “over-serving”?

Related FAQs

Related Blog Posts