Dram Shop Liability

Negligent to Sell Gasoline to Drunk Drivers in New Mexico

Question: Does a gas station have a duty of care to third parties to refrain from selling gas to obviously intoxicated drivers? Answer: In New Mexico, they now do under the recent New Mexico Supreme Court case of Morris v. Giant Four Corners, Inc. Facts of Case Basically, two intoxicated patrons entered a Tribal gas…

Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents

It is illegal for bartenders or wait staff to over-serve patrons regardless if they are driving or not.  The state of New Mexico has launched a DWI campaign dubbed buzzkill cracking down on over-service of alcohol to prevent DWI accidents.  This is a always a significant issue during the holidays when folks are inclined to…

DWI During the Holidays – It’s Not Worth It!

The holiday season comes with a lot of celebration.  Much of it includes alcohol. It also includes bouncing from one get together to the next, whether it be with friends, family, work or business associates. This means there are numerous temptations to drive after having consumed alcohol.   It goes without saying that this is bad…

DWI Offender Convicted of Vehicular Homicide Sues Bars & Drinking Buddy

A New Mexico news story has been getting a lot of press of late. A man convicted in 2010 of vehicular homicide for a DWI fatality has now filed suit against the bars and restaurants that served him. The man has also filed suit against his drinking buddy on the night of the fatal DWI…

Host Liability for Holiday Parties in New Mexico

The holiday season is upon us. With it comes celebration. Much of the celebration involves alcohol. As the holiday season approaches, we will be doing a few articles on liquor liability, often referred to as dram shop rules. To begin, anyone that will be hosting a party should be aware of the possible liability associated…

Change In Evidence Requirements For Dram Shop Claims

New Mexico Dram Shop laws were enacted to assign liability to persons or establishments who serve alcohol to a visibly intoxicated person. If the intoxicated individual later causes personal injury or property damage because of their intoxication–say by driving drunk–the establishment can be found liable for serving them alcohol. Under the New Mexico Dram Shop…

New Mexico Supreme Court Limits Tribal Sovereign Immunity in Casino Dram Shop Cases

In New Mexico, and other states for that matter, Indian tribes and pueblos retain sovereign immunity. This generally means that suits against tribes and pueblos, including personal injury and wrongful death claims, must be brought in tribal court. However, under the Indian Gaming Compact, tribes have given up sovereign immunity for suits involving personal injury…

Be Wary of the Man in the Red Suit at Your Holiday Party!

Most everyone has experienced drunken Santa at a holiday party. It makes for funny stories about the drunken uncle Santa who fell in the punch bowl, passed out in the yard, made some un-Santa like advances toward some of the guests and so on. It is not as funny when Santa on his sleigh-ride home…

Dram Shop Liability: Shifting Burden of Proof

The New Mexico Liquor Liability Act creates different standards of care for dram shop liability depending upon the relationship between the plaintiff and the defendant. The highest standard of care is imposed in cases of suits by third parties for injuries caused by a drunken patron. In these cases, the plaintiff must simply show negligence…

The Potential Costs of “Cool” Parenting are High During High School Graduation Season

With graduation season fast approaching, would be graduation party hosts should keep in mind all the costs of being the “cool parents.” In addition to exposure to very serious felony charges for service of alcohol to minors, there is potentially devastating liability for personal injuries and damages associated with DWI related auto accidents. New Mexico‘s…

Albuquerque Personal Injury Attorneys