2A:22A-5. Conditions for recovery of damages

133 words·~1 min read·/nj/title-2a/chapter-22a/2a-22a-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

a. A person who sustains personal injury or property damage as a result of the negligent service of alcoholic beverages by a licensed alcoholic beverage server may recover damages from a licensed alcoholic beverage server only if:

(1)The server is deemed negligent pursuant to subsection b. of this section; and

(2)The injury or damage was proximately caused by the negligent service of alcoholic beverages; and

(3)The injury or damage was a foreseeable consequence of the negligent service of alcoholic beverages.

b. A licensed alcoholic beverage server shall be deemed to have been negligent only when the server served a visibly intoxicated person, or served a minor, under circumstances where the server knew, or reasonably should have known, that the person served was a minor.

L. 1987, c. 152, s. 5.