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Can I sue a bar for serving me (underage) alcohol and afterwards getting into a car accident?

Newark, NJ |

I was involved in a very bad car accident due to the bar serving me alcohol to the point were i do not even remember leaving the establishment. The outcome of the car accident was that i was left on critical condition for few days, received surgeries, and i'm still not able to function as i used to. And if I can how long do I have?

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Attorney answers 5

Best Answer
Posted

Yes, check the dram shop law in your state and you will see.

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John K Lassen

John K Lassen

Posted

Your website provides excellent info: Philadelphia Personal Injury Lawyers www.InjuryLawyerPhiladelphia.com

John K Lassen

John K Lassen

Posted

Philadelphia bus accident attorneys www.InjuryLawyerPhiladelphia.com

Posted

Generally, no. This is because you knew that you were underage. The only way that there could be a claim is if they knew how drunk you were, regardless of your age, and kept serving you.

Regards,

Peter J. Lamont, Esq.
Law Offices of Peter J. Lamont
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Posted

I agree with the other attorney.

Posted

I believe you may be able to. A new case ruled on a similar issue. The fact that you are a minor protects you further.

The responses to questions here are not legal advice, as the facts are very limited.

Posted

The short answer, in my evaluation, is that you may pursue a suit against the Bar. The test is essentially whether or not you were visibly intoxicated and they continued to serve you. There are more things to consider than just that alone, but this establishment may be lax in their enforcement of serving alcohol based on your fact pattern.

You have 2 years from the date of the incident. If you are a minor, then you have 2 years from your 18th birthday to pursue this, though if you wish to, you should move on this immediately and preserve evidence.

My practice is statewide. I am civil and criminal trial lawyer. Feel free to call me if you wish to discuss legal representation @ 732.303.6430.

-Andrew S. Blumer, Esq.

Lawrence M Berezin

Lawrence M Berezin

Posted

Great question. Here's what the NJ Supreme Court had to say on this subject... Justia.com Opinion Summary: Plaintiff Frederick Voss was injured when his motorcycle collided with a vehicle operated by Defendant Kristoffe Tranquilino. Plaintiff alleged that prior to the accident, he was a dining at Tiffany's (a restaurant) and was negligently served alcoholic beverages that contributed to the accident and caused his injuries. Plaintiff was charged with DWI and subsequently pled guilty to the charge. Plaintiff sued Tiffany's. Tiffany's moved to dismiss the complaint, arguing that the state "Dram Shop Act" barred Plaintiff from bringing suit because he pled guilty to DWI. Tiffany's lost at trial, and the appellate court affirmed the trial court's decision. Upon careful consideration of the arguments and the applicable legal authority, including the legislative history of the Dram Shop Act, the Supreme Court affirmed the lower courts' decisions. The Court, in quoting the appellate panel, found that "immunizing liquor licensees from liability in such circumstances would me inimical to the State's police of curbing drunk driving." Voss v. Tranququilino (June, 2011) http://law.justia.com/cases/new-jersey/supreme-court/2011/a-110-09-opn.html

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