New Mexico Forms Library

13-1665. Liability for social hosts outside of a licensed establishment.

            To establish the claim against ________________________ (name of defendant), ______________________ (name of plaintiff) has the burden of proving the following elements:

            1.         __________________ (name of defendant) provided alcoholic beverages to ____________________ (name of guest or plaintiff);

            2.         At the time _______________________ (name of defendant) provided the alcoholic beverages to ______________________________ (name of guest or plaintiff), ____________________ (name of guest or plaintiff) was intoxicated;

            3.         ________________________ (name of defendant) provided the alcoholic beverages recklessly; and

            4.         _______________ (name of guest or plaintiff)’s intoxication was a cause of _______________ (name of guest or plaintiff)’s [injuries and] damages.

USE NOTES

            This instruction is based on NMSA 1978, Section 41-11-1(E).  It should be given when the plaintiff claims injury resulting from the provision of alcohol in a social setting outside of a licensed establishment. This instruction is to be used either when the claim is brought by a third party or by the person who was provided with the alcohol.  The instruction should be given with the appropriate definitions from UJI 13-1660 NMRA.  If the provision of the alcoholic beverages takes place in a licensed establishment, UJI 13-1666 NMRA should be used instead of this instruction.

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