New Mexico Forms Library

13-1664. Common law liquor liability to a third party.

            To establish the claim against __________________ (name of defendant seller or server) for wrongfully providing alcohol, ___________________ (name of plaintiff) has the burden of proving the following elements:

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

            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 was a cause of ________________ (name of plaintiff)’s [injuries and] damages.

USE NOTES

            This is the basic instruction for a common law claim for wrongfully providing alcohol, when the claim is brought by a third party and not the person who was provided with the alcohol. 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.]