New Mexico Forms Library

13-1661. Liquor licensee liability to a patron.

            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;

            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; and

            3.         [________________ (name of defendant)] [or] [_________________ (name of defendant’s agent(s) or employee(s))] acted with gross negligence and reckless disregard for the safety of ________________ (name of plaintiff).

            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 licensee’s violation of NMSA 1978, Section 41-11-1, when the claim is brought by the person who was sold, served, or provided alcoholic beverages by 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.]