NEW YORK CITY LIQUOR LIABILITY LAWYER
The Dram Shop laws were enacted to hold those that sell alcohol responsible for accidents and injuries that result from improper sales. This is a “strict liability” tort, which means that there is an “absolute duty” not to sell alcohol to certain categories of people. It is unlawful to sell liquor to any person “actually or apparently” under age 21 or to any person that is “visibly intoxicated.” This provides an additional source of recovery for victims of drunk drivers. These are not easy cases to prove, there must be a thorough investigation including interviewing witnesses. Sometimes the hiring practices of the establishment must be investigated along with all the other facts and circumstances. This is why hiring an experienced New York City liquor liability lawyer is so helpful in these cases.
This is what needs to be proven:
- Your accident was caused by a person that was intoxicated;
- The sale of the alcohol to the intoxicated person was unlawful. (Either “visibly intoxicated” or “actually or apparently” under 21)
- The alcohol sale contributed to the person’s intoxication (ie; they actually drank it.)
The hardest part to prove is that the person was “visibly intoxicated,” as this is a subjective standard. It might be necessary to find and interview patrons to testify as witnesses as it is unlikely that the employees at the establishment will testify against their employers. This is when an experienced New York City liquor liability attorney will be able to nuance the situation.
How to show a person was “visibly intoxicated”:
The word “dram” is an old-fashioned word for a small unit of alcohol. This law provides that it is the duty of businesses that serve alcohol to make sure they do so responsibly. Some ways to establish “visible intoxication” are:
- Slurred speech
- Very loud speech
- Inability to stand straight
- Glazed or “glassy” eyes
- Aggressive behavior or fighting
- Drooping eyelids
- Unfocused or lack of eye contact
Dram Shop liability also arises in cases of bar and nightclub assaults. When too much alcohol impedes inhibitions and causes aggressive behavior, an establishment can be held liable. The individual that caused your injuries and the bar, nightclub or restaurant are all responsible, but it is much more likely that the business will have insurance to cover this type of claim. If you have been injured due to a violation of the “Dram Shop” Act in New York City (Queens, Brooklyn and Kings County, The Bronx, Staten Island and Richmond County, Manhattan or New York County or Long Island, we will leave no stone unturned to get you the justice you deserve. Call New York City liquor liability lawyer Wittenstein & Wittenstein at 718-261-8114 for a free consultation.
NEW YORK CITY LIQUOR LIABILITY LAWYER
N.Y. General Obligations Law § 11-101.
(The “Dram Shop” Act)
Compensation for injury caused by the illegal sale of intoxicating liquor:
1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.
2. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the Amount so recovered by either a husband, wife or child shall be his or her sole and separate property.
3. Such action may be brought in any court of competent jurisdiction.
4. In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefor, but recovery by one of such parties shall be a bar to suit brought by the other.
CREDIT(S)
(L.1963, c. 576, § 1; amended L.1980, c. 281, § 20.)
What Should I Ask My Injury Lawyer?
If you’ve been seriously injured in any type of accident, it’s prudent to schedule a consultation with an experienced Queens accident to determine whether you have a claim against the responsible parties. The best Queens and Brooklyn car accident attorneys can advise you on whether your injuries are serious enough to meet New York State law and whether the negligent acts of the other driver are provable. You may have questions about your property damage, lost earnings, out of pocket medical expenses and other concerns, so it’s a good idea to put together a list of questions to ensure that all the issues are addressed. These are some of the topics that should always be [...]
Construction Accidents in New York City
Every day we see more new buildings being built all over New York City. This recent increase in construction means that more accidents can be expected for workers, guests and nearby pedestrians. In 2022, there were more than 750 construction accidents reported in New York City. There are several basic types of construction accidents that can cause serious permanent injuries to victims: Slip & Fall Electrical Shock Hit by Falling Objects Crushed or caught in-between machinery Exposure to toxic substances Forklift and Crane accidents Fire and explosions Determining Who is Responsible The best NYC construction accident lawyers know how to thoroughly investigate these accidents to determine who is responsible and what legal claims can be [...]
How to Choose the Best Queens Accident Attorney
If you’ve been seriously injured due to the negligence or recklessness of another person, it’s important to take the proper steps to choose the best Queens accident attorney to handle your case. For the most serious injuries, it’s best to hire a New York City catastrophic injury attorney that has experience with this type of case. Consulting with an attorney can relieve the anxiety you're feeling about whether you have a legal case against the person that caused your injury and what you’re entitled to collect as compensation. How can a Queens Accident Attorney Help You? Some of the things you can expect from an experienced Queens accident attorney will be to conduct a thorough investigation, [...]
What to Do After a Construction Accident in New York City
Workplace accidents can have severe consequences, especially for those employed in the construction industry. Knowing the appropriate steps to take after such accidents is crucial for protecting your rights and collecting compensation. When you take the appropriate action immediately after an accident, the best NYC construction accident lawyer can help you collect the maximum amount of compensation. Some Queens and Brooklyn traffic accident attorneys handle construction accident cases, but it’s important to make sure that the lawyer you choose has ample experience with construction accident cases, especially the important exceptions to worker’s compensation as the sole remedy, third party lawsuits and rights under labor laws. Seek Immediate Medical Attention If you are injured in a construction [...]
How to Avoid Accidents on U-Turns
Driving in cities with heavy traffic is always challenging, so it’s important to always drive defensively and take the road conditions into account. For example, making a U-turn always requires an abundance of caution, but it’s especially dangerous on crowded urban roadways. NYC has many restrictions on making U-turns, so it’s important to make sure that your turn is legal to avoid getting ticketed for a moving violation. The best accident attorney in Forest Hills have put together some tips to help you make safe and legal turns. Wittenstein & Wittenstein is the most trusted Queens accident attorney, serving the community for more than sixty years. Call 718-261-8114 for a free consultation. Follow the Law Always [...]
Common Causes of Injuries at Construction Sites
It’s well established that construction sites are dangerous and that injuries are common, but inquiry into what’s causing these injuries can be helpful in reducing their frequency and severity. The top NYC construction accident lawyers have the experience and know how to assess whether a claim is limited to workers compensation or can be litigated to achieve a much higher amount of compensation. That’s why it’s important to speak to the best Forest Hills personal injury lawyers after a construction accident to make sure that you’re not leaving money on the table. Several factors contribute to the causes of injuries at construction sites. Here are some of the primary causes: Falls: Falls from heights, such [...]