New Jersey Lawsuit Blames Taverns for Victim's Brain Injury
New Jersey’s dram shop liability laws are involved in a lawsuit involving a man who was served alcohol while he was intoxicated, ended up in a fight and suffered serious brain injuries.
The lawsuit has been filed by Louis Vozza. In June 2008, his uncle Daniel Vozza drank alcohol at one establishment, the Harley’s Irish Pub, before moving on to another one, Straphanger Saloon where he continued to drink. Then, Vozza got into a fight with the owner of the Straphanger Saloon, who was also intoxicated. During the scuffle, the bar owner apparently grabbed Vozza’s shirt, causing the man to fall on the asphalt and strike his head. Vozza suffered a serious brain injury, which has since left him mentally incapacitated. He suffers from memory loss, among other problems. The lawsuit names the two establishments, and claims that these two served alcohol to Vozza who was “visibly intoxicated.” The owner of Harley’s Irish Pub insists that Vozza was not drunk when he left the bar on the day of the fight.
Under New Jersey dram shop laws, a drinking establishment like a restaurant, pub, club or bar may be named in a civil action, if the establishment serves a visibly drunk patron who then goes out and injures someone. Defining whether a patron was visibly intoxicated when the establishment served him more alcohol, can be tricky. Staff members are very likely to insist that the person did not seem drunk at the time.
Unfortunately, even with these laws in place, accidents and injuries from violations of these laws, continue to occur. An establishment’s failure to serve customers and conduct business ethically can leave an innocent person injured or even dead.
Scott Grossman is a New Jersey personal injury lawyer representing injured victims of auto and truck accidents in Monmouth, Bergen, Passaic and Ocean Counties and across the state of New Jersey.
