13-1643. Liability for hosts.
    To establish the claim against defendant ________________ (name of host), plaintiff has the burden of proving the following elements:
    1.    Defendant recklessly provided alcoholic beverages to [a guest] [plaintiff] in a social setting while the [guest] [plaintiff] was intoxicated;
    2.    Plaintiff's damages were proximately caused by the [guest's] [his] [her] intoxication.
DIRECTIONS FOR USE

    This instruction should be given when the plaintiff claims injury resulting from the conduct of a person who became intoxicated in a private setting. The appropriate bracketed portion should be used depending on whether the plaintiff was also the social guest. The instruction should be given with the appropriate definitions from UJI 13-1636 NMRA.
[Approved, effective July 16, 2001.]
COMMITTEE COMMENT

    Section 41-11-1(E) NMSA 1978 defines liability for a social host who provides alcoholic beverages to guests. The statute also allows the guest to recover damages in the appropriate circumstances. Section 41-11-1(E) also requires that the host provide the alcoholic beverages "gratuitously". If there is a factual issue whether the host provided the alcoholic beverages gratuitously, then the

court should instruct the jury appropriately.