New Mexico Forms Library

13-1662. Liquor licensee liability to a third party.

            To establish the claim against __________________ (name of defendant licensee) for violation of the New Mexico liquor control laws, ________________ (name of plaintiff) has the burden of proving the following elements:

            1.         [_________________ (name of defendant)] [or] [__________________ (name of defendant’s agents(s) or employee(s))] sold, served, or provided alcoholic beverages to ____________________ (name of patron) while [he] [she] was intoxicated; and

            2.         [__________________ (name of defendant)] [or] [_____________________ (name of defendant’s agent(s) or employee(s))] knew or should have known from the circumstances that _________________ (name of patron) was intoxicated.

            In addition, ________________ (name of plaintiff) has the burden of proving that [________________ (name of defendant)’s] [or] [__________________ (name of defendant’s agent(s) or employee(s))’s] sale, service, or provision of alcoholic beverages to ______________ (name of patron) was a cause of ___________________ (name of plaintiff)’s [injuries and] damages.

USE NOTES

            This is the basic instruction for a licensee’s violation of NMSA 1978, Section 41-11-1, when the claim is brought by a third party allegedly injured by an intoxicated patron of the licensee.  The instruction should be given in conjunction with the appropriate definitions contained in UJI 13-1660 NMRA.

[Adopted by Supreme Court Order No. 15-8300-005, effective for all cases pending or filed on or after December 31, 2015.]