Offices Located In

Lubbock, Texas
1115 Broadway
Phone: 806-763-9377

Odessa, Texas
406 N. Grant St.
Phone: 432-362-0399

Albuquerque, New Mexico
1020 Lomas Blvd., NW
Phone: 505-243-3588

Las Cruces, New Mexico
1591 E. Lohman
Phone: 575-526-5545

Hobbs, New Mexico
1515 W. Calle Sur St., Suite 101
Phone: 575-397-0007

All offices operate between 8:30 am and 5:30 pm.

Our New Mexico offices are in MST and our Texas offices are in CST.
Fadduol, Cluff & Hardy : Dram Shop Liability

Dram Shop Liability

  • Every 40 minutes someone is killed by a drunk driver. Highway Traffic Safety Administration. “2007 Traffic Safety Annual Assessment-Alcohol Impaired Driving Fatalities” DOT 811 016. Washington DC: National Highway Traffic Safety Administration, 2008.
  • Drunk drivers on average have driven drunk 87 times prior to being arrested for DUI/DWI. Fell, Jim. “Repeat DWI Offenders in the United States.” Washington, DC: National Department of Transportation, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995.
  • Alcohol-related crashes cost the American public an estimated $114.3 Billion in 2000. Taylor, Dexter; Miller, Ted; and Cox, Kenya. “Impaired Driving in the United States Cost Fact Sheets.” Washington, DC: National Highway Traffic Safety Administration, 2002.
  • At blood alcohol levels (BAC) as low as 0.02% alcohol affects driving ability. Crash probability increases significantly at 0.05%. Zador, Paul, Sheila Krawchuk, and Robert Voas. “Relative Risk of Fatal Crash Involvement by BAC, Age, and Gender.” HS 809 050. Washington, DC: U.S. Department of Transportation, National Highway Traffic Safety Administration, 2000.
  • At 0.08% the risk of a deadly crash is 11 times greater and 29 times higher at 0.10%. Zador, Paul, Sheila Krawchuk, and Robert Voas. “Relative Risk of Fatal Crash Involvement by BAC, Age, and Gender.” HS 809 050. Washington, DC: U.S. Department of Transportation, National Highway Traffic Safety Administration, 2000.

MIXING ALCOHOL & GREED: A deadly combination

Many bars, taverns, clubs, and even restaurants earn money through the sales of alcohol. Unfortunately, there are some who have made a conscious decision that the more alcohol they sell, the higher the potential profit. Our firm has successfully handled numerous cases where patrons are sloshed, slurring, and staggering while the servers just keep on serving. Far too many of these intoxicated patrons then enter public roadways, injuring and even killing innocent victims.

On March 4, 2006, a Roswell, New Mexico bar sold excessive quantities of alcohol to one of their customers, even after it became apparent that she was intoxicated. She kept drinking and they kept serving. The Defendant driver then promptly entered her vehicle and attempted to drive. Not surprisingly, she crossed over the median into oncoming traffic where she struck the vehicle being driven by our client, seriously injuring him.

Our firm conducted an immediate investigation and was able to discovery that within one year of our collision, the Alcohol and Gaming Commission of New Mexico had cited the bar four times for selling alcohol to intoxicated persons. This was a bar with a clear history of putting their profits over the safety of fellow citizens. Additionally, our investigator was able to locate and interview the server who admitted that she believed the defendant was intoxicated as she continued to serve her. Such a prompt and aggressive investigation led to a pre-litigation settlement for 100% of the available insurance money by the bar.