Legal Question in Criminal Law in New Mexico

Drunk had an accident and died, selling liquor to intoxicated

My husband was drinking alcohol. He went to a liquor establishment intoxicated and they sold more liquor to him. Minutes after that he had a car accident where he got killed. I am wondering if something can be done against the establishment for selling to an intoxicated person.


Asked on 2/25/05, 2:44 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Drunk had an accident and died, selling liquor to intoxicated

New Mexico has a "dram shop" law which can impose liability upon a liquor establishment which serves intoxicated persons who harm themselves or others, under certain strict conditions. An analysis of the facts of your situation would need to be done to determine whether or not the Act applies in your case.

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Answered on 2/26/05, 4:20 pm


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