Sanders Law Firm
View Our Practice Areas

Dram shop liability from a drinker's perspective

After having allegedly been involved in a drunk driving incident in Roswell, a number of different thoughts may be racing through your head. Foremost among them may be questions regarding how you might have found yourself in a position to have been driving while intoxicated in the first place. Many often come to us here at the Sanders Law Firm in the same position you now find yourself in wondering whether those who might have contributed to their alleged drunkeness may be held responsible. The answer to that question depends on the circumstances under which you were served. 

Most states have what are known as "dram shop laws" and "social hosts laws," and New Mexico is no exception. These statutes allow the victims of drunk driving accidents to hold the people and establishments that allowed the drivers that hit them to become intoxicated liable for their accidents. New Mexico's laws, however, go further in actually allowing you, as one who might have become intoxicated, to pursue a liability claim against those whose actions may have contributed to your impairment. 

Section 41-11-1(B) of New Mexico's state statutes says that you may collect damages and/or seek relief from a licensee who sells alcohol if said licensee continued to serve you in a manner that was negligent and/or in disregard to your own personal safety (the same standard applies to social hosts). Say that you were visibly intoxicated, and in a state that a licensee (or its agent) or a social host knew to be unfit to get yourself home on your own. If such parties continued to serve you, then it may be argued that they did so disregarding your safety, and thus assume liability. 

More information on liability in drunk driving cases can be found throughout our site. 

No Comments

Leave a comment
Comment Information
  • The National Trial Lawyers | Top 40 | Under 40
  • The American Society of Legal Advocates
  • Super Lawyers | Avvo Rating | Superb
  • Star Bar Of New Mexico
  • 10 Best | 2017 | Client Satisfaction
  • Top 10 Attorney And Practice Magazine's
  • distinguished Justice Advocates | top 1% attorneys in America
  • top listed in best Lawyers
  • rated by super lawyers
  • The National Trail Lawyers | Top 100
Email Us For A Response

Contact Us Today. Call 575-578-4392 or complete this form to schedule a consultation with our legal experts.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Offices Conveniently Located in Roswell, Albuquerque & Hobbs

Roswell Office
701 West Country Club Road
Roswell, NM 88201

Toll Free: 866-755-7229
Phone: 575-578-4392
Fax: 575-622-5853
Map & Directions

Albuquerque Office
4801 Lang NE
Suite 110
Albuquerque, NM 87109

Toll Free: 866-755-7229
Phone: 505-798-2588
Map & Directions

Hobbs Office
732 E. Michigan
Suite 500
Hobbs, NM 88240

Toll Free: 866-755-7229
Phone: 575-318-2887
Fax: 575-393-0565
Map & Directions

Las Cruces Office
1990 E Lohman Ave
Las Cruces, NM 88001

Phone: 575-222-1111
Map & Directions

Ruidoso Office
1100 Sudderth Dr
Ruidoso, NM 88345

Phone: 575-222-1111
Map & Directions