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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. 

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