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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
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Strength. Strategy. Solutions.

FOOTBALL, BEER AND THE DRAM SHOP ACT – WHO IS RESPONSIBLE WHEN A DRUNKEN FAN GETS BEHIND THE WHEEL?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 2, 2014 | Firm News |

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If a drunk driver causes an accident and someone is harmed, normally that driver is held responsible for paying for damages and compensation for injuries. Depending on the circumstances, who served that driver the alcohol, may also be legally responsible.

NEW JERSEY’S DRAM SHOP ACT

New Jersey’s Dram Shop Act provides that “[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” if the server was negligent (i.e. served a visibly intoxicated person), the injury was proximately caused by the negligent service of alcoholic beverages, and the injury was a foreseeable consequence of the negligent service. Voss v. Tranquilino, 413 N.J. Super. 82, 88, 992 A.2d 829, 833 (App. Div. 2010)(quoting N.J.S.A. 2A:22A-5(a)). That licensed beverage server may be a concession owner at a professional sports stadium. One recent case involved a lawsuit against Centerplate and the Indianapolis Colts. Centerplate is the business that sells beer to those at Lucas Oil Stadium, where the Colts play. During one such game, 31 year old Trenton Gaff, by his own admission, bought and drank five beers during a Colts game in 2010. While driving away, his SUV swerved off the road, striking two pedestrians, killing a twelve year old girl and injuring her cousin. Gaff’s blood alcohol level was twice the legal limit. Because of the accident, he was sentenced to twelve years in prison, with two years credited for time already served. The deceased girl’s mother sued Centerplate for serving Gaff under Indiana’s Dram Shop Act. The case was dismissed and that dismissal is being appealed. Causation will always be a major hurdle in such cases with pre-game and post-game tailgating and consumption, the proliferation of beer vendors and refreshment stands throughout a stadium, and the volume of patrons served demonstrating how difficult it can be to meet New Jersey’s standard of negligent service of alcoholic beverages. Demonstrating whether and by whom the impaired driver was served while visibly intoxicated may be impossible. The mother of Gaff’s victim claims that Centerplate’s method of selling beer, mostly by volunteers whose organizations get a percentage of sales as a donation, creates incentives to sell as much beer as possible. An impaired New York Giants fan sparked dram shop actions resulting in a 2005 civil jury finding liability against Aramark, the Giants’ concession company, for $150 million in damages due to a car accident caused by a drunken fan that left a two year old paralyzed from the neck down. That decision was appealed and overturned the next year. Giants Stadium and Aramark are reported to have settled the case in 2008 for $25 million. Beer is big business in professional sports and after events thousands of potentially impaired take to the road. In a 2011 study funded by the Robert Wood Johnson Foundation, University of Minnesota researchers tested the blood-alcohol level of fans leaving professional baseball and football games and found about eight percent were above the legal driving limit. That translates to about 5,000 fans exiting a typical NFL game with high enough blood-alcohol content to be considered intoxicated under New Jersey law.

Contact CockerillCraigMoore Law

NJ Auto And Truck Accidents Attorneys represent both plaintiffs and defendants in personal injury cases involving trucks and automobiles. If your business serves alcohol, or you or a loved one has been injured due to a drunk driver, and you have questions about liability and the Dram Shop Act, contact our office for a free consultation at 856-429-1060.

Should you worry about fractured skull injuries in the long term?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 30, 2021 | Motor Vehicle Accidents

When involved in a crash, you face the possibility of injuries that can have short and long-term impacts on your health. Your head, neck and back are the most likely to suffer from these damages. In particular, head injuries often give cause for concern. If you end up...

Bicycle Riders – Governor Murphy Signed Safe Passing Requirements into Law

On Behalf of Cockerill, Craig & Moore, LLC | Aug 17, 2021 | Motor Vehicle Accidents, Personal Injury

Between the pandemic, gas prices, and a desire for healthy exercise, bicycle traffic has increased in New Jersey and throughout the country.  Now New Jersey has joined 42 other states in mandating that drivers give bicyclists more room when passing – or face penalties...

Egg Harbor crash kills two, injures two others

On Behalf of Cockerill, Craig & Moore, LLC | Aug 16, 2021 | Motor Vehicle Accidents

Most people in New Jersey take to the state's roads and highways expecting that the other motorists they encounter care as much about accident avoidance as they do. While that assumption often proves true, there are those instances where one encounters an...

Commercial vehicle accidents and operator fault

On Behalf of Cockerill, Craig & Moore, LLC | Aug 2, 2021 | Commercial Vehicle Accidents

The Federal Motor Carrier Safety Administration mandates that commercial truck drivers use an electronic logging device. As noted by FreightWaves, instead of tracking their road hours on a paper log, an ELD records the information for drivers and stores it...

What are some sources of animal bite injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2021 | Animal Bites

Although some animals seem harmless at first, their bites may carry a variety of diseases and can even cause serious physical injury. Learning more about why these wounds make people ill or injured can help you understand what to do next. Disturbed resting areas...

What are signs of brain trauma?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 1, 2021 | Personal Injury

After a shocking accident, you may notice signs of a worse issue happening with your brain and skull. Traumatic brain injuries can happen suddenly and affect every aspect of your life. Detecting the early signs of this problem will help you prevent further health...

What is premises liability?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 30, 2021 | Personal Injury

You do not want to consider the prospect of an injury while out and about, but the reality is, there is always a chance. However, what makes an incident qualify under premises liability versus an unfortunate accident? Premises liability covers incidents that happen on...

5 of the Most Common Types of Cases to Appear in Civil Court

On Behalf of Cockerill, Craig & Moore, LLC | Jun 25, 2021 | Uncategorized

The civil court system is available to resolve conflicts between individuals, businesses and organizations. Craig Annin & Baxter’s Woodbury NJ civil law attorneys have expertise in helping their clients find the justice they deserve. Anyone considering legal...

APPELLATE DIVISION UPHOLDS MULTI-MILLION DOLLAR JUDGMENT IN MMA FIGHTER’S SHED RX CONTAMINATION CASE.

by johngrady | Jun 24, 2021 | Firm News

Cockerill, Craig & Moore, LLC partner Jeffrey S. Craig worked with Howard Jacobs to vindicate and obtain compensation for Yoel Romero whose rise in MMC rankings was detoured by contamination of a Gold Star supplement he took as part of his training regimen. Gold Star’s SHED RX product was contaminated with a banned substance causing Romero to fail a screening. Finding that Gold Star violated New Jersey’s Consumer Fraud Act a trial court awarded a multi-million dollar judgment. The Appellate Division reviewed the judgment and upheld the trial court in part, modified one aspect of the judgment, and remanded a third category of damages for further consideration. The modified award now totals $12,450,000 with the potential for that to be increased to compensate Romero for harm to his reputation. Yoel Romero v. Gold Star Distribution, LLC d/b/a Gold Star Performance Products, A-0379-20 New Jersey Superior Court, Appellate Division decided June 24, 2020.

What leads to a slip and fall injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 10, 2021 | Premises Liability

Not only can slip and fall injuries leave you with severe head and spine complications, but you can also struggle to know who was at fault. Knowing how these incidents happen is important for anyone struggling to recover after a fall. Unsafe conditions According to...

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