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.)
Common Questions after a Truck Accident
Have you ever seen an 18-wheeler, semi-truck, tractor-trailer, or big rig crash into car? Have you ever wondered what would happen if that car was yours and you were driving? The tragedy of such a situation can be mitigated with knowledge about what to do. At NYC truck accident lawyer Wittenstein & Wittenstein we can put your mind at ease and take care of all the details for you, so you can concentrate on getting better. Truck accidents can cause catastrophic injuries, and long-term disability. Victims need an attorney with the experience to properly handle these more complicated claims. There are often multiple defendants, such as drivers, trucking companies, municipalities (for defects on the road) and [...]
Are You Underinsured?
Suppose you were walking on the sidewalk, minding your own business, and an out-of-control car came up onto the sidewalk and knocked you over, causing very serious injuries. You might never be able to work again, and are expecting a large amount of compensation. You’d be very disappointed to find out that the car that hit you only carried the minimum amount of insurance. Someone with a minimum policy in New York would have the following policy limits: Bodily Injury liability coverage: $25,000 per person and $50,000 per accident Property Damage liability coverage: $10,000 per accident Uninsured Bodily Injury coverage: $25,000 per person and $50,000 per accident Personal Injury Protection: $50,000 If you were to [...]
Hidden Injuries After a Car Accident
According to the Association for Safe Road Travel, close to a million and a half people a year are injured in car accidents in the United States. After a car crash, it’s a tremendous relief to realize that you are all in one piece with no catastrophic injuries. If it was a large impact, and parts of your body made contact with the inside of the car, it’s wise to consider that you may have injuries that were not obvious at first. If you have a family personal injury attorney, it’s a good idea to call them for advice on whether you should go to the hospital, how to handle your property damage, the evidence you [...]
Can I Sue for My Back Injuries?
IT'S OFTEN POSSIBLE TO SUE FOR BACK INJURIES If you are wondering "Can I sue for my back injuries,?" the answer, like so many answers in law, is "it depends." When a back injury is caused by the negligent, reckless or intentional acts of another person, it is often possible to make a successful case. If the accident happened at work, you generally cannot sue your employer, but there are exceptions. Let's look at different scenarios where it possible, and not possible, to make a case. HOW SERIOUS IS THE INJURY? It's not possible to bring a lawsuit where the only evidence is subjective complaints of back pain. If you went to the hospital after the [...]
Sharks in the Water – Watch Out for Unethical Lawyers
MAKE SURE YOUR YOU HIRE A REPUTABLE ATTORNEY Most attorneys are ethical and diligent, but there are the ones that give us all a bad name. Dishonest lawyers, like liars in every walk of life, take advantage of trusting souls for a quick buck, whereas ethical attorneys seek to get you great results and provide amazing service, hoping you'll come back and/or refer your friends and family. Reputable attorneys will never engage in these tactics. Here are some things watch out for when you are looking to hire a reputable attorney: RUNNERS Some attorneys hire people to hang around emergency rooms, getting access to medical records that show which patients are being treated for injuries from [...]
Did My Doctor Fail to Diagnose My Condition?
FAILURE TO DIAGNOSE If you are wondering, "Did my doctor fail to diagnose my condition," causing the condition to worsen, leaving me in a much worse position than if it had been diagnosed in a timely manner? Sometimes failing to diagnose a condition can lead to serious medical problems and even death. A doctor is responsible for identifying symptoms and conditions. If a doctor sees symptoms, but cannot diagnose them, he should refer the patient to a specialist that can. Doctors should take into account the medical history of the person, as increased risk for certain diseases is an important part of the diagnostic process. The diagnostic process should be in four steps: Gathering a list of [...]