New Mexico Forms Library

13-1666. Liability for social hosts in 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.

            [To prove that ______________ (name of defendant) provided alcoholic beverages to __________________(name of guest or plaintiff), ____________________ (name of plaintiff) must prove that ______________________ (name of defendant) had some responsibility for or control over the service of alcohol to ____________ (name of guest or plaintiff).  You must consider all of the circumstances.  For example, you may consider whether _______________ (name of defendant) set up a gathering for a specific purpose or benefit to ______________ (name of defendant), such as to celebrate an event, or to promote business goodwill; whether _____________ (name of defendant) arranged in advance for the provision of food and beverages or; whether ______________________ (name of defendant) invited _______________ (name of guest or plaintiff) to attend as [his] [her] [its] guest.  The presence or absence of a particular circumstance does not necessarily resolve whether _______________ (name of defendant) had some responsibility for or control over the provision of alcohol to __________________ (name of guest of plaintiff).]

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 inside 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.  If the provision of the alcoholic beverages takes place outside a licensed establishment, UJI 13-1665 NMRA should be used instead of this instruction.  The instruction should be given with the appropriate definitions from UJI 13-1660 NMRA.  The bracketed paragraph should only be used when there is a factual dispute regarding whether the defendant provided alcohol to the person whose intoxication is at issue and may be modified based on the facts of the case.

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