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Albany Dram Shop Attorney
The Albany dram shop attorney team at Bailey, Johnson, & Peck, P.C. provides legal representation in dram shop liability cases, navigating the intricacies of New York dram shop laws for victims of drunk driving accidents. For victims injured by visibly intoxicated individuals, whether in a car accident, assault, or other avoidable accident, our Albany Dram Shop lawyers offer comprehensive legal representation. Our experienced Albany dram shop attorneys offer a free consultation to assess each dram shop case, ensuring personalized attention during what can be a difficult situation for our clients. We hold bars, restaurants, liquor stores, and social hosts accountable for their role in injuries caused by serving alcoholic beverages irresponsibly. Trust our Albany Dram Shop lawyers to advocate for you and pursue fair compensation in Dram Shop cases. Contact us today at (518) 456-0082 or complete our online intake form to schedule your free initial consultation.
New York Dram Shop Law
New York Dram Shop Law holds establishments that serve alcohol liable for serving an obviously intoxicated person or someone under the legal drinking age. Dram shop law aims to address the risks associated with drunk drivers and other damages related to those who drink under the legal drinking age.
The Dram Shop Act Establishes:
The Dram Shop Act establishes legal liability for establishments that sell alcohol to a person who is visibly intoxicated or under the legal drinking age. It holds establishments with a liquor license accountable for any damages or injuries caused by the actions of the obviously intoxicated person they served. This law applies to bars, liquor stores, restaurants, and similar establishments that sell liquor or alcoholic beverages.
The New York Dram Shop Act establishes a distinct cause of action separate from standard negligence cases. Under New York law, actions brought under the Dram Shop Act differ significantly in how they are treated compared to general negligence claims. New York’s Dram Shop law removes several elements that typically favor defendants in negligence cases.
For instance, the Dram Shop Act requires that those injured by a drunk driver or intoxicated individual demonstrate a “practical and reasonable connection” between the illegal provision of alcohol and the injuries caused by the intoxicated patron. The criterion under New York Dram Shop laws is substantially less stringent than the proximate cause requirement typically necessary in negligence lawsuits.
Liability for Serving Alcohol
Under the Dram Shop Act, any establishment, such as a bar, tavern, liquor store, or restaurant, can be held liable if its employees serve or sell alcohol to an obviously intoxicated person. So, if a person is visibly intoxicated and exhibiting signs like slurred speech, and the establishment continues to serve them alcoholic beverages, it may be responsible for any damages or injuries caused by that individual’s actions while intoxicated.
New York Dram Shop liability places a duty on establishments that sell liquor or alcoholic beverages to monitor their patrons’ alcohol consumption and refrain from serving alcohol to those who are visibly intoxicated or not old enough to drink to prevent injuries caused by drunk driving accidents.
The “practical and reasonable connection” outlined in Dram Shop liability means the plaintiff doesn’t need to prove that injuries caused by the drunk driver or minor were a foreseeable result of the decision to sell alcohol to someone under the legal drinking age or a visibly intoxicated patron. It’s easy to prove that the sale of alcohol caused a person’s intoxication. The more difficult aspect of dram shop cases is New York’s “visibly intoxicated” requirements.
Under New York Dram Shop liability, the plaintiff must only prove that the bar, restaurant, or other establishment served the party. The alcohol caused the defendant’s intoxication, and the plaintiff suffered injuries caused by the defendant’s actions.
Liability for the Person Served Alcohol
According to the Dram Shop Act, individuals who are served alcohol and the alcohol caused a drunk driving accident or other harm can also be held liable. While an establishment can be held liable when they serve or sell alcohol to an obviously intoxicated person, a drunk driver or intoxicated individual can also be liable. By holding both the establishment and the intoxicated person liable, the law aims to deter overconsumption of alcohol and promote responsible behavior among patrons of bars, liquor establishments, and restaurants.
For answers to your questions about the Dram Shop Act and the liability of the person served alcohol, call an Albany Dram Shop lawyer and schedule a free case evaluation.
When are Alcohol Vendors Liable for an Intoxicated Person in New York?
In New York, alcohol vendors become liable for an intoxicated person when they serve alcohol to someone who is visibly intoxicated. This legal responsibility applies to vendors selling liquor, beer, or any alcoholic beverage, and it extends to situations where harm, such as drunk driving accidents or other injuries, is caused by the intoxication.
Under New York law, a drunk driver who is injured as a result of their own actions generally cannot sue the establishment or host that served them alcohol for damages related to their own injuries. This is rooted in the principles of personal responsibility and the legal doctrine that bars claims for injuries sustained due to one’s own criminal actions.
Call (518) 456-0082 today and schedule an appointment with one of our experienced Albany Dram Shop attorneys.
Who Can Be Sued in a Dram Shop Case?
New York Social Host Liability in Dram Shop Cases
Unlike most states, New York’s social host liability is somewhat limited. New York does not generally hold social hosts liable for serving alcohol to guests who are of legal drinking age and are involved in drunk driving accidents or subsequently cause harm due to their intoxication. However, under General Obligations Law § 11-100, a social host can be held liable if they provide alcohol to minors who then cause harm to themselves or others.
Multiple Party Liability in New York Dram Shop Cases
In most states, dram shop laws are designed to address situations where alcohol consumption contributes to harm, such as drunk driving accidents. Dram shop liability in New York establishes legal grounds for holding drunk drivers, social hosts, and establishments responsible. So, if a victim sustains a serious injury in a drunk driving crash, the victim can sue both the drunk driver and the negligent establishment for damages.
New York Dram Shop law may also allow for actions against multiple commercial parties. For instance, if a visibly intoxicated individual was served by several establishments before causing a car accident, each may potentially be held liable.
By allowing lawsuits against alcohol vendors, dram shop laws aim to promote responsible alcohol service and reduce the risks associated with alcohol-related incidents.
Landlord Liability in New York Dram Shop Cases
In some unique cases, landlords who lease property to businesses that sell alcohol could potentially face claims if it can be shown that they were aware of or had reason to believe that the tenant would create an undue risk of harm to others (e.g., by repeatedly violating liquor laws).
How Dram Shop Insurance Affects Dram Shop Cases in New York
If an establishment involved in a dram shop claim does not have sufficient insurance to cover the damages, the injured party can still pursue a dram shop lawsuit against the establishment. If the court awards damages that exceed the establishment’s insurance coverage, the business is responsible for paying the additional amount out of its assets. The establishment may face bankruptcy or closure if it cannot cover the amount. Injured parties might also explore recovering damages from drunk drivers or other parties potentially liable under different theories of negligence or other applicable laws.
Businesses that sell liquor or alcoholic beverages should look over their insurance policies. A New York Dram Shop Act claim may not be covered by standard business liability insurance because it is not considered a negligence claim.
If you are a resident of New York and have questions about a potential Dram Shop case, call our experienced Albany Dram Shop attorney team.
Albany DUI Accident Attorneys
Our Albany DUI accident attorneys play an important role in assisting individuals involved in drunk driving accidents in New York. When a person sustains injuries due to a drunk driving crash, our attorneys can help navigate the legal process and pursue compensation for the damages incurred. For instance, if someone suffers a brain injury as a result of a drunk driving accident caused by a visibly intoxicated individual who was served alcohol at a liquor store, our Albany DUI accident attorney team can hold both the intoxicated driver and the store liable for the injuries.
By demonstrating the dram shop liability of the liquor store in serving alcohol to an already obviously intoxicated person, our Albany dram shop lawyer team can seek compensation for medical expenses, lost wages, and pain and suffering on behalf of the injured party.
For legal support in Albany DUI accident cases, contact our Albany drunk driving accident lawyers. Our experienced Albany Dram Shop attorney team is dedicated to providing personalized and effective representation to clients involved in drunk driving accidents.
How Our Albany Dram Shop Lawyers Can Help
Legal help from an Albany Dram Shop lawyer can be pivotal in addressing a claim for property damage or personal injury, particularly in cases involving alcohol consumption governed by the Dram Shop Act. Our Albany Dram Shop lawyers can aid in collecting evidence to substantiate liability, including expert testimony on the effects of alcohol, eyewitness testimony of the incident, and analysis of pertinent laws.
For instance, if someone suffers injuries in a car accident caused by a drunk driver who was served alcohol at a bar, our Albany Dram Shop attorney group can assist the injured party or establishment in proving that the establishment’s actions were or were not the proximate cause of the drunk driving accident and resulting injuries. By leveraging their legal experience and resources, our Albany DUI lawyers can advocate for clients’ rights.
If you’ve been injured in a DUI accident, contact the Albany Dram Shop lawyers at Bailey, Johnson & Peck, P.C. for a free initial consultation.
Compensation for Drunk Driving Accident Victims in Albany, New York
Victims of drunk driving accidents, facing lost wages, personal injury, property damage, or even death, can seek compensation through dram shop liability claims. These dram shop laws allow for claims against not only the drunk driver but also establishments that serve or sell alcohol to visibly intoxicated individuals or minors. To win a dram shop case, the plaintiff must prove that the establishment’s service of alcohol directly led to the driver’s intoxication and subsequent accident.
In New York dram shop cases, the burden of proof rests with the plaintiff, who must demonstrate that the intoxication was directly caused by the establishment serving alcohol. Successful dram shop liability claims can secure compensation for medical costs, lost wages, and other damages, underlining the significant consequences of serving decisions by these establishments.
There is no cap on compensatory damages in New York dram shop cases, meaning that a plaintiff can claim and potentially receive high amounts for damages depending on the injuries and circumstances. However, punitive damages are less commonly awarded unless the defendant’s behavior is particularly egregious.
Statute of Limitations for Dram Shop Liability Claims in New York
In New York, a dram shop lawsuit must generally be filed within three years from the date of the injury. Failure to file your dram shop case within this timeframe can bar the claim entirely.
Albany Dram Shop Lawyer
At Bailey, Johnson & Peck, our Albany dram shop lawyer group provides comprehensive legal help for victims of drunk driving accidents that require additional compensation in New York dram shop cases. Our understanding of New York Dram Shop laws enables us to effectively represent clients who have sustained a personal injury caused by a drunk driver or intoxicated minor.
New York Dram Shop Liability not only facilitates compensation for victims of drunk driving accidents but also underscores the accountability of businesses in preventing drunk driving accidents.
Our expertise ensures that our Albany Dram Shop attorneys uphold the rights of victims and emphasize the responsibility of establishments to prevent drunk driving accidents and other alcohol-related incidents in the community.
Call today for a free case evaluation.
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