Suing the Bar that Served You

Drunken drivers in NJ who were injured in automobile accidents while driving under the influence were long ago prohibited from suing the other driver for any injuries the drunk driver suffered in the crash but the Court is now about to decide whether they may sue the establishment that served them the alcohol. The Court has agreed to hear Voss v. Tranquilino to decide whether the legal provision indicating "a person convicted of, or pleading guilty to, DUI has no cause of action for his or her injuries" means no cause of action against the establishment who served them. The Court will hear arguments relating to the legislative intent of the statute which is presumably enacted to protect innocent parties from liability versus the legislative intent of the dram shop act which holds drinking establishments liable for serving visibly intoxicated individuals. The appellate Court decided that the law does allow suits by the injured drunken driver, as well as suits by victims of the drunken driver. The scope of liability of liquor establishments in NJ is in the balance in this decision.
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