UJI 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 ____________________ (name of patron) 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.