New Jersey § 2a:15-5

Full text of New Jersey New Jersey Statutes § 2a:15-5, with citation guidance and answers to common questions.

§ 2a:15-5.

a. This act shall be the exclusive civil remedy for personal injury or property damage

resulting from the negligent provision of alcoholic beverages by a social host to

a person who has attained the legal age to purchase and consume alcoholic beverages. b. A person who sustains bodily injury or injury to real or personal property as a

result of the negligent provision of alcoholic beverages by a social host to a person

who has attained the legal age to purchase and consume alcoholic beverages may recover

damages from a social host only if: (1) The social host willfully and knowingly provided alcoholic beverages either: (a) To a person who was visibly intoxicated in the social host's presence; or (b) To a person who was visibly intoxicated under circumstances manifesting reckless

disregard of the consequences as affecting the life or property of another; and (2) The social host provided alcoholic beverages to the visibly intoxicated person

under circumstances which created an unreasonable risk of foreseeable harm to the

life or property of another, and the social host failed to exercise reasonable care

and diligence to avoid the foreseeable risk; and (3) The injury arose out of an accident caused by the negligent operation of a vehicle

by the visibly intoxicated person who was provided alcoholic beverages by a social

host. c. To determine the liability of a social host under subsection b. of this section,

if a test to determine the presence of alcohol in the blood indicates a blood alcohol

concentration of: (1) less than 0.10% by weight of alcohol in the blood, there shall be an irrebuttable

presumption that the person tested was not visibly intoxicated in the social host's

presence and that the social host did not provide alcoholic beverages to the person

under circumstances which manifested reckless disregard of the consequences as affecting

the life or property of another; or (2) at least 0.10% but less than 0.15% by weight of alcohol in the blood, there shall

be a rebuttable presumption, that the person tested was not visibly intoxicated in

the social host's presence and that the social host did not provide alcoholic beverages

to the person under circumstances which manifested reckless disregard of the consequences

as affecting the life or property of another.

Frequently Asked Questions About New Jersey § 2a:15-5

What does New Jersey Statutes § 2a:15-5 cover?

Section 2a:15-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 2a:15-5?

A common citation format is "New Jersey Statutes § 2a:15-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 2a:15-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.