LIQUOR LIABILITY AND DRAM SHOP2018-08-26T16:45:57+00:00

NEW YORK CITY LIQUOR LIABILITY LAWYER

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.)

FREE CONSULTATION
NO FEE UNLESS WE WIN

Frivolous Cases and Contingency Fees

In order to provide access to people that cannot afford an attorney, personal injury attorneys in NYC are allowed to use contingency fee retainers that forgo payment until the case is settled or a verdict comes in from a jury. The attorney usually pays the expenses of the case in addition to investment time and if the case is dismissed or dropped the attorney collects nothing. This arrangement means that personal injury attorneys in NYC need to be very choosy about the cases they sign up so the chance that they’ll push you into pursuing a frivolous case is pretty slim. That’s why it’s always a good idea to call a Queens, Bronx, Manhattan and Staten [...]

We’ve Got Your Back

Catastrophic injuries are life altering, not just for the victim but for the entire family. Hopes and dreams are shattered, replaced with hoping that the next weeks, months and years might bring the ability to sit up, walk or talk. In addition to physical problems, financial worries amount as out of pocket medical expenses and lost earnings drain bank accounts. When tragedy strikes, it’s important to know that there are resources at your disposal that can greatly improve your physical and economic prospects. An experienced Queens, Bronx, Manhattan, Staten Island and Brooklyn catastrophic attorney knows how to turn your lemon of a situation into lemonade by helping you collect the large amount of money you need [...]

Do I Have A Medical Malpractice Case?

If you’ve been treating a doctor that’s caused you more harm than good, you may have a case against that doctor for medical malpractice. The law in New York allows people that are injured by the negligence, recklessness or intentional acts of a health care professional to sue for the damages they’ve incurred as a result. Unfortunately, many cases where people are injured by poor care don’t meet all of the necessary requirements for a successful medical malpractice case due to the costs of litigation being more than what’s likely to be collected. The best Queens medical malpractice attorneys will handle your case on a contingency fee, so you don’t have to lay out money to [...]

How A Personal Injury Attorney Can Help You

After a year of lockdowns, economic insecurity and the loss of loved one due to Covid 19, it’s terrifying to consider what new tragedies may await us down the road. With vaccinations on the rise, and the economy opening up, we’ll be out of the road more often for work, recreational activities and travel. This is something so welcome, but doesn’t come without a downside in increased amounts of accidents on the road. That’s why it’s important to have a relationship with a Queens, Brooklyn, Manhattan, Staten Island and Bronx car accident attorney that you can call if you need assistance. More people out and about, always means more slip and fall, dog bites and other [...]

What Damages Can Be Collected for Car Accidents?

We hear all the time about multi-million settlements and verdicts for people that are injured in car accidents, but there’s not a great deal of information on what claims contributed to these very large amounts of compensation. It would be naive to think that anybody really collects millions of dollars after a fender bender causes a sore neck that heals quickly. No attorney is that much of a magician! That’s why it’s important to understand what damages can be collected for car accidents before you hire a personal injury attorney in NYC. Economic Damages Economic damages are calculable sums for reimbursement of money lost due to the negligence, recklessness or intentional acts of others. The first [...]

Understanding New York’s No-Fault Law

New York is one of the twelve states in the country with no-fault motor vehicle accident laws. The other no-fault states are Florida, Kansas, Hawaii, Massachusetts, Kentucky, Minnesota, Michigan, New Jersey, North Dakota, Utah and Pennsylvania. It’s called no-fault because your medical bills, lost wages and some out of pocket expenses are paid regardless of how the accident happened. What many people don’t know is that the law was passed to decrease personal injury claims, so it limits lawsuits against the at fault parties to cases where there is a “serious permanent injury.” This law is complicated and failing to properly meet the requirements can cause your case to be delayed or even dismissed. That’s why [...]

Load More Posts
0/5 (0 Reviews)