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.)
Injured Construction Workers Have Rights Under Labor Laws
Labor Laws protect construction workers injured on the job. New York’s Labor Laws impose a heavy duty on employers to provide a “safe place to work.” There is special protection for Construction Workers injured while doing work such as renovation, demolition, alteration or repair of buildings and other structures. The justification for these laws is that construction work is an extremely dangerous profession, and employers should be discouraged from “cutting corners” on safety with these strict laws. Injured construction workers have protection under these laws that allow them to sue their employers in addition to collecting Workers Compensation benefits. Section 200 This is the “safe place to work” law, and it very broad. In order to bring [...]
New York’s “Scaffold Law” Protects Injured Construction Workers
New York State Labor Law § 240/241 was one of the first labor laws enacted in the United States. It predates the Occupational Safety and Health Administration (OSHA) and Workers Compensation Programs. It was enacted in 1885, and despite lobbying to repeal it, has survived to this day. A similar law in Illinois was repealed in 2013. There is even a website scaffoldlaw.com, dedicated to “Scaffold Law Reform,” with scurrilous claims that the laws actually makes worksites “less safe.” Why is a law that protects injured construction workers so controversial? So, you must be wondering now, what’s the big deal about this Scaffold Law? What makes it so terrifying to builders? First off, it operates as [...]
Who’s The Best Accident Attorney in New York City?
If you’ve been injured in accident, you might be wondering, "Who's the best accident attorney in New York City?" Just like you would want to find the best doctor, auto mechanic or interior decorator, you want the best lawyer. Of course, you do! But how is “best” defined? There’s a little dive in Chinatown that has the “best” dumplings, but I know some of you would say the food is “weird” and “Where’s the chow mein?” McDonald's has served billions of customers, but are their hamburgers really the best? I prefer mine cooked rare, on a brioche with swiss cheese. Let’s talk about the type of lawyer that’s best for you! You might tend to think [...]
What Happens if the Car Accident is My Fault?
Lawyers are always offering advice on what to do if you are involved in a car accident that’s not your fault. This is because when somebody else causes the accident, lawyers can represent you in claims for compensation. It is also important to know what steps to take if you are at fault for causing an accident. So you are driving down the road and your phone rings. You are momentarily distracted and hit the car in front of you in the rear. The accident is your fault! You are hurt and so are the people in the other car. Don’t panic. It’s not the end of the World! Follow the proper procedures and there will [...]
What are My Rights After a Hit and Run Accident In Queens?
There are few things more shocking than being seriously injured in an accident, and seeing the other driver take off. Recently, one of my clients was walking ON THE SIDEWALK when an out of control car went up ONTO THE SIDEWALK and hit him. His leg was broken in several places and thankfully some people inside adjacent homes heard the noise and called for an ambulance and the police. He was successfully treated for his injuries and the police caught the driver, who is being charged. This bring us to the question of legal rights to compensation after a hit and run accident. An experienced Queens Car Accident Attorney knows that there is always somewhere to [...]
Rate Jumping- It’s Not Worth It!
Rate Jumping- It's Not Worth It! While driving around in New York, you will sometimes see cars with out of state license plates. Some people may very well be driving into the city from neighboring states, or even from Florida for vacation. It is highly probable however, that there may be some who have kept out of state license plates to partake in “rate jumping”. What is “rate jumping”? In the auto insurance arena, rate-jumping refers to listing an address from a place with less traffic, instead of your actual place of residence, to benefit from cheaper insurance rates. Some people may do this by listing an address of a family member or friend, or an [...]