2A:22A-5 - Conditions for recovery of damages - New Jersey Statutes

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