TABLE OF CONTENTS
- OVERVIEW
- DRAM SHOP AND SOCIAL HOST LAWSUITS
- ASSAULTS IN NIGHTCLUBS LAWSUITS
- NEGLIGENT HIRING,TRAINING, RETENTION, and SUPERVISION
- CONSULTING AND PROACTIVE AVOIDANCE OF LAWSUITS FOR CLUB BUSINESSES AND OPERATORS
We can represent both patrons as Plaintiff’s suing a nightclub for personal injury or under the Dram Shop statute or representing employees suing nightclub,
We can also represent the nightclub and consult and advise proactively to protect against any lawsuits. We can help draft handbooks, advise on policies on negligent hiring, negligent training, negligent supervision and negligent retention.
NJ DRAM SHOP LAW
In 2015 alone, more than 10,000 people were killed in accidents that would not have happened if not for alcohol. It is estimated that drunk driving accidents end a life every 51 minutes, and nonlethal accidents happen even more frequently.
Most people are aware of the dangers posed by those who operate a vehicle after drinking. However, many do not know that New Jersey law allows accident survivors and families of victims to file a suit against the people and establishments that served them in the first place. Here are the answers to some common questions regarding dram shop law, including what it is and where it applies.
NEW JERSEY DRAM SHOP LAW
Bar and restaurant owners should know about New Jersey “dram shop” laws. They refer to the financial liability of a wide range of establishments including bars, clubs, and restaurants that serve alcohol to patrons.
What is Dram Shop Lawsuits?
The term “dram shop” dates back to 18th century England and refers to taverns that sold gin by the spoonful or “dram.” Today, dram shop or liquor liability laws allow injured parties to file claims against a bar or restaurant that sold or served alcohol to a person who later caused an accident due to being intoxicated. With these laws, the state aims to hold businesses responsible for the sale of alcohol as the backlash can be devastating when an intoxicated person gets behind a wheel or causes an accident.
Dram shop laws, however, involve more than drunk driving accidents. For example, if a restaurant or bar or club serves alcohol to a visibly drunk individual, and that individual then gets into a fight or starts an altercation on their way home from the restaurant, liability for the harm and damages that individual causes may be the shared all or in part by the restaurant.
Bar, Tavern, Restaurant and Club employees must practice extreme vigilance when serving patrons. In New Jersey, the negligent service of alcoholic beverages (commonly referred to as “over-serving”) carries civil liability under N.J.S.A. 2A:22A-4. Failure to prevent the negligent service of alcoholic beverages to a patron can result in Drunk Driving (DWI) fatalities or injuries to third parties. In turn, these individuals or their representatives can file civil lawsuits pursuant to N.J.S.A. 2A:22A-4.
More specifically, New Jersey law allows for victims to seek damages in on of two scenarios under Dram Shop Liability: (1) The liquor licensee or employee served a person who was visibly intoxicated; or (2) The liquor licensee or employee provided an alcoholic beverage to a minor (under 21 years old) and had reason to believe they were a minor.
What is the Statute of Limitations for Dram Shop Lawsuits in NJ?
Similar to other personal injury cases, you only have two (2) years to file a lawsuit for negligent service of alcohol or social host liability under New Jersey law.
Dram Shop Law in New Jersey
Dram shop liability is part of state law under New Jersey Statute 2A:22A, also called the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act. This civil statute states that a person who has been injured because of the actions of an intoxicated individual has the right to seek damages from the vendor who sold the substance if:
- They continued to serve alcoholic beverages to someone who was “visibly intoxicated.” Statute 2A:22A-3 defines the term as “a state of intoxication
accompanied by a perceptible act or acts which present clear signs of
intoxication.”
- The vendor sold or served alcohol to a minor (under the age of 21) and had reason to believe they were a minor.
How Are Dram Shop Cases Litigated?
Under the Dram Shop Act, the plaintiff and their legal team must first provide proof that at least one of the two above-mentioned requirements are met, but they cannot claim compensation based on this alone. Statute 2A:22A-5 further states that they must prove this “negligent service” directly contributed to their injury, damage, or loved one’s death. It also states that they must prove it was a “foreseeable consequence” of the service. If they can prove all three in court, only then can the plaintiff claim compensation under dram shop liability.
These laws were instituted for two main reasons. The first is to permit a more significant opportunity for restitution for victims of drunk drivers. The second is to obligate alcohol servers to be mindful of the state of their customers and mandate that they exercise good judgment and civic responsibility in their business practices when it comes to the selling and serving of alcohol.
One nuance, however, is that in New Jersey, Dram Shop Liability is subject to the principles of comparative negligence. Concerning damages, this means that if fault for drunk driving accident injuries can be apportioned between multiple parties – for example, between the intoxicated driver and a bar – then damages will also be distributed to the extent that each party is found at fault. For instance, if a jury determines that a bar is only 50 percent at fault, it will only be liable for 50 percent of the damages suffered by a victim.
Over the last decade, courts in New Jersey have found numerous situations in which a bar should be held liable because an individual was determined to be intoxicated at the time that he or she was provided alcohol.
New Jersey Social Host Liability and Dram Shop Lawyers
Injured persons may also seek damages in the case where a social host acted recklessly or negligently in their service of alcohol to guests. This can be in situations where the injured party was being served at the guests home, or in situations where another party was served, and then went on to cause injury to another.
Social hosts may be held liable in the following situations:
- The host was aware that the guest was intoxicated or the alcoholic drinks were provided with “reckless disregard of the consequences” to another party
- The situation created an unreasonable risk for bodily injury or property damage
- An individual was injured or sustained property damage as a result of a motor vehicle accident after being served alcohol by the social host
- Alcohol was served to a minor, causing injury or property damage
As with dram shop laws, the social host laws are intended to prevent alcohol related accidents. In the case where individuals sustain injury or suffer property damage, it can be a complicated case to prove culpability.
New Jersey Dram Shop Attorneys Recover Compensation for Victims of Alcohol-Related Injuries
We help clients recover losses related to the following.
- Medical expenses incurred as a result of the dram shop accident
- Lost wages due to missed work
- Property Damage
- Pain and Suffering
- Value of household services and childcare the victim would have otherwise performed
- Rehabilitation or therapy costs
New Jersey State law also allows victims to seek punitive damages in dram shop accident cases. This means that you may be entitled to further compensation if the liable party acted with gross negligence, recklessness, or with intentional harmful behavior.
Dram Shop Legal Representation
Our Representation In Liquor Liability Cases
We provide full-service legal counsel to people who have been hurt when a bar or party host served too much alcohol to a patron or guest. We handle cases involving:
- Dram shop liability, in which a business establishment, such as a bar or restaurant, fails to put appropriate measures in place to prevent customers from becoming intoxicated, or continues to serve patrons who are either visibly inebriated or whom the bar should know have consumed too much alcohol
- Social host liability, in which a person holding a private party fails to monitor the amount of alcohol consumed by individual guests, allows visibly intoxicated guests to consume more alcohol or to get behind the wheel of a car, or serves quantities of alcohol that would reasonably lead to intoxication
If you are injured as a result of an accident caused by someone who was over-served either at a bar, club, or restaurant, you deserve compensation. You can speak with an experienced New Jersey personal injury attorney today by contacting the Pagliara Law Group.
We Hold Nightclubs And Restaurants Accountable For Assaults and We can also Consult before something happens to be Proactive to Avoid a Lawsuit
When there is a large bustling environment and many of them are consuming alcohol, violence can occur.
Injuries often occur during fights and other disturbances at New Jersey restaurants and nightclubs. The business isn’t always liable for injuries, but it could be if its employees failed to take appropriate action. In other instances, it may be possible to prove the club management inadequately trained its security personnel or did not have a sufficient number of them working.
These cases include patrons who are injured when a fight breaks out — whether they are involved in the fight or not — or customers who are injured as a result of excessive force used by a security worker or another employee.
We Take on Negligent Establishments
Count on our lawyers to thoroughly investigate the history of the nightclub for details that may play a role in your lawsuit. Important questions include:
- How often has law enforcement been called to this particular establishment?
- How did management respond to prior incidents of assault or bar fights?
- Have patrons of the nightclub often been found to carry guns or knives?
- Should the security personnel have detected and removed the weapon used in the assault?
- Were security personnel properly trained in how to spot potential problems and respond to incidents?
Don’t Accept A Settlement Before Talking To A Lawyer
Club owners and insurance companies won’t typically pay sufficient damages voluntarily. They need to be encouraged to do so through litigation.
Negligence in hiring lawsuit
Negligent hiring, retention, and supervision needs to ask whether or not the employer knew or should have known the employee was unfit to perform his or her duties. Whether the employee’s particular unfitness caused the damages in question.
Employers can usually discover if someone is fit for a job by conducting a background criminal check on that prospective employee. If, after conducting a background check, an employer still extends employment to an individual shown to have a proclivity to behavior which may endanger those around him or her, the employer may be held responsible if the damages inflicted were a result of the known behavioral predisposition.
An example could be a nightclub hiring a bouncer or security to work the door or security detail and hiring an individual despite discovering a criminal conviction for theft. Should this individual go on to hurt the patron the employer may be held liable for negligence in hiring since they allowed this employee to use his violent propensities even though the employee’s criminal history was known. In this example, the employer could be held responsible for negligence in hiring even if a background check was not conducted because the employer had a reasonable duty to investigate the potential criminal history of its employee since it was allowing them access to sensitive areas.
Negligence in retention lawsuit
Negligence in retention occurs when an employer fails to remove an employee or otherwise terminate employment after the employee has engaged in improper conduct. Once an employer becomes aware of an employee’s problematic behavior or actions, the employer has a duty to ensure the potential for harm is addressed.
Negligence in supervision lawsuit
Claims of negligence in supervision (also known as negligence in training) arise when an employer fails to oversee the conduct or training of an employee who causes harm. Negligence in supervision can also occur when an employer fails to remedy an employee’s behavior causing harm to those around him or her.
Nightclub Venue Representation and Consulting
We can also representing nightlife brands or bars and defend in a lawsuit as well.
We serve as deft deal makers and translators between the business, legal and hospitality worlds.
Brand Development
Every successful nightlife venue has a brand and marketing strategy that includes multi-media components over a range of platforms. Our Nightlife Industry Practice attorneys work with our clients as they devise the strategy that works best for them by structuring the deals that will maximize brand exposure and minimize associated risks. Our attorneys’ experience in and familiarity with every platform enables them to navigate the legal and business hurdles that confront our clients as they consider their legal, business, marketing and promotion alternatives.
Business Formation
From the inception, our attorney’s meet with the visionary entrepreneurs and advise them on the optimum choice of legal entity through which to own and operate their nightclub. Whether through an S-corp., LLC, Limited Partnership, General Partnership or any combination of the foregoing, we routinely advise, counsel and instruct our client’s on how best to proceed to achieve their objectives.
Deal Structure
We work with our clients in developing the specifics of each transaction and then draft, define, refine and finalize this vision, often through countless drafts and negotiations, into an Operating Agreement or Shareholders Agreement that is true to both our client and the transaction. We handle all aspects of the investment in a nightlife venture through preparation of the appropriate Investor Questionnaire, Subscription Agreements and other necessary and proper documentation, to insure the transaction’s legitimacy.
Purchase, Sale or Transfer
Whether a client is purchasing an existing nightclub venue, either as an asset sale or a stock purchase, or merely acquiring a minority or majority interest in a nightclub, Pagliara Law Group’s Nightlife Practice attorneys help guide these transactions through completion. We have successfully assisted our clients in the purchase, sale or transfer of a nightclub, or part thereof, as well as arranging for the lawful and orderly transfer of any related liquor licenses.
Intellectual Property
A nightclub’s brand, trade name and trademark often develops a value independent of the nightclub itself. Accordingly, our attorneys advise and instruct our clients on all aspects of their intellectual property. We can assist our clients in drafting License Agreements for the license of their intellectual property. In addition, we can be involved in numerous enforcement actions, through the use of cease and desist letters and both state and federal litigation, in both Federal District Court as well the United States Trademark Trial and Appeals Board (TTAB), to preserve, protect and enforce our clients unique and valuable brands.
Lease and Purchase
We can represent nightclub owners in the lease, purchase, sale or transfer of real estate. We have extensive experience representing such clients in the negotiation of commercial leases and real estate agreements, handling closings and the proper transfer of a liquor license between seller and purchaser or, in some instances, landlord and tenant, to allow for the operation of the business during such transitional phase.
Liquor License Law
We can work closely with the the purchase, sale or transfer of liquor licenses and assist in the defense of liquor licensees in all enforcement and litigation matters.
Employment Law
We advise our nightclub clients on all aspects of employment matters law which are unique to nightclubs, such as their various agreements with promoters, DJ’s, and hosts and hostesses as well as in all aspects of employment-related litigation, including unemployment compensation, civil rights/discrimination and wrongful termination, before all Federal and state courts and administrative agencies.
201-470-4181
