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.)
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is [...]
Things To Do If You Have a Car Accident
Some people are lucky enough to have never had a car accident. Car accidents are so common that it’s a good idea to know what to do should an accident occur. It’s better to be prepared beforehand, so that you can protect both your health and your legal rights properly. A Bronx Car Accident Attorney, Brooklyn Car Accident Attorney or a large firm handling cases throughout New York City can help you best if you follow the best immediate procedures after an accident. Call the Police It is important to always call the police after a traffic accident. The person causing the accident may try to talk you into “not going through the insurance,” but it’s [...]
Common Personal Injury Cases
There are thousands of personal injury claims filed each year by injured people. The purpose of these claims is to acquire compensation for the pain and suffering that’s a result of somebody else’s carelessness. Many studies have shown that a woman accident attorney NYC is better able to relate to clients and also makes the strongest cases. Unfortunately, there are not that many woman personal injury attorneys, so finding one can be a challenge, but it’s well worth the effort. Traffic Accidents Traffic accidents are the most common types of personal injury cases. These accidents can happen in automobiles, limousines, taxis, Ubers, buses, trains, motorcycles and other types of vehicles. Often they are caused by driver [...]
The Difference Between Sexual Harassment & Sexual Assault
The Difference Between Sexual Harassment & Sexual Assault It seems as if every time we turn on the news, there’s another accusation about sexual harassment or assault that comes up. We are living in a time where behavior that was once minimized and brushed aside is now coming to public attention. People now feel emboldened to speak up and are encouraged by movements such as ME TOO to take a stand. As more offenses come to the public sphere and terms such as sexual assault and sexual harassment gain traction, knowing the difference between each becomes increasingly difficult. Below we break down the difference. What is Sexual Assault? When people hear the term ‘sexual assault’ [...]
When Should I Call an Accident Lawyer?
So, you'd had some kind of an accident, and you're wondering, "Should I call an accident lawyer?" Was I badly hurt enough to make a case worthwhile? Was this somebody else's fault, or was it really mostly my own fault. This article will guide you through when it might be a good idea to have a consultation with an accident attorney. If you're still not sure, why not just call - if you don't have a solid case the lawyer will tell you. Let's start with traffic accidents, which are the most common. Obviously, the accident must be somebody else's fault. If you were driving, this would usually mean that you were "hit in the [...]
New York City’s Top Personal Injury and Accident Attorneys
Wittenstein & Wittenstein has established itself as a Top New York City (Queens, Brooklyn, Bronx, Manhattan, The Staten Island, and Long Island) Personal Injury Law Firm by offering great results to clients for over 60 years. Our legal team have successfully collected millions of dollars for thousands of clients, who have enthusiastically referred their family and friends for generations. If you cannot make it into their office due to your injuries, they will come directly to your home or hospital for an initial consultation. They promptly return calls and answer all your questions fully. This firm understands the trauma that accidents cause their victims and their families. That’s why they “hold their clients’ hands” throughout the [...]