Q: My daughter is a college student at a state university. She was seriously injured when a drunk driver crossed the center line and crashed into her vehicle. The drunk driver, also a college student, had just left a notorious local bar that is known to overserve underage patrons. The drunk driver was over the legal limit for alcohol, and it is rumored that he used fake identification to purchase his drinks. The driver was arrested, but we recently discovered that he has very limited automobile insurance coverage and no assets. My daughter has permanent injuries, ever-increasing medical bills, and a totaled car. But a claim against the broke drunk driver seems feckless. Does my daughter have a claim against the bar that served the drunk driver?
A: New Hampshire law authorizes a damage claim for a bar’s negligent service of alcohol to a bar patron when the correct factual circumstances are present. The strength of the claim is highly fact dependent.
New Hampshire’s dram shop law is codified in RSA chapter 507-F. That statute is the exclusive remedy for damage claims based on the service of alcoholic beverages. Under New Hampshire law, a bar that negligently serves alcohol to a minor or an intoxicated person is liable for resulting damage, including those injuries suffered by your daughter. Service is negligent if the bar knew or should have known that the person it served was underage or intoxicated. Serving alcoholic beverages to a minor without verifying age is strong evidence of negligence on the part of the bar. On the issue of intoxication, a court may consider, among other factors, the number and type of drink consumed, the amount of alcohol in the drinks, the time frame and pace of consumption, and whether there were any observable signs of intoxication such as slurred words, unsteady gait, or belligerent behavior.
To make a case against the bar, your daughter, with the assistance of an attorney, should gather the facts leading up to the crash (e.g., what was the driver doing beforehand?) and immediately seek to preserve all evidence in the bar’s possession. Your daughter and her attorney will also need to expeditiously obtain witness statements, relevant social media posts, and information in the possession of law enforcement, including toxicology reports. In addition, the criminal case against the drunk driver should be closely monitored.
If liability is established, your daughter could recover, among other damages, medical expenses, lost wages, lost earning potential, property damage, pain and suffering, and damages associated with her loss of enjoyment of life and permanent disability. But it is also imperative that your daughter’s attorney assess the extent to which the bar is insured, or could otherwise satisfy a judgment, if sued.
Know the Law is a bi-weekly column sponsored by McLane Middleton. Questions and ideas for future columns should be emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.