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.)
Why Are Parking Lots So Dangerous?
According to the National Safety Council, one fifth of traffic accidents occur in parking lots and many of these crashes result in serious injuries. In highly trafficked areas in New York City, the incidence of crashes is even higher, with the worst injuries sustained by pedestrians. The best accident attorneys in Queens warn clients to be especially careful driving in parking lots because the low speed setting can create a false sense of security for drivers and pedestrians. Myriad Distractions Create Hazards Experienced Bronx car accidents attorneys understand why parking lots are so dangerous. They know that it’s usually only daredevils that text or watch videos while driving 55 miles down a highway, it’s shocking [...]
What is a Personal Injury Lawyer?
There are two basic types of attorneys - criminal and civil. Criminal attorneys prosecute and defend clients for criminal cases. There are many types of civil law including matrimonial, commercial, will and estates and personal injury law. Personal injury law encompasses a wide range of matters that are pursued by injured plaintiffs against defendants that have caused them harm. The lion’s share of personal injury lawyers in NYC handle car accidents, slip and fall, animal attacks and other common types of accident cases, but some negligence lawyers in Queens also handle more sophisticated claims. If you’ve been seriously injured by somebody else’s negligence, recklessness or intentional act, it’s always worthwhile to speak to a personal injury [...]
Evolution of Attorney Fees in the United States
In the 17th Century, most states capped legal fees based on the attorney’s area of practice. For example, there would be a cap for divorce, a cap for real estate transactions and a cap for criminal representation. Attorneys would therefore have to compete heavily for clients based on their skills because it wasn’t easy for an attorney that charged less than the cap to make a living. That’s why attorneys lobbied heavily for additional fee options and developed innovative ways to make more money. Most Queens accident attorneys use a contingency retainer, so you don’t have to pay anything until you collect money making it possible for even the poorest injury victim to obtain representation. [...]
How to Choose the Best Truck Accident Lawyer
If you’ve been injured in a truck accident, you could be facing a road long to recovery without the resources in place to keep your family afloat. Luckily, the best truck accident lawyers in NYC can help you collect the compensation you’re entitled to from the responsible parties without requiring you to pay any fees until money is recovered. Many Queens, Brooklyn, Manhattan and Bronx personal injury attorneys claim to be truck accident lawyers, but lack the skills and experience that’s needed to get you the largest possible amount of money. These are some of the ways you can ensure that you are hiring one of the best truck accident lawyers in NYC. Federal Laws [...]
Do’s and Don’ts After A Car Accident
If you sustain serious injuries in a car accident, the financial and emotional impact on your family can be severe. The shock of an accident can cause even the most level headed people to become disorientated, so it’s wise to know in advance the steps you need to take to protect your health and your finances. Doing the wrong things after an accident, or forgetting to do the right things, can jeopardize your ability to collect the compensation you’re entitled to. Here are some do’s and don’ts from the top Queens, Brooklyn, Manhattan and Bronx car accident attorneys that will help ensure that your interests are protected. Don’t Say No to the Ambulance This is the [...]
New Laws To Prevent Construction Accidents
New York Law is getting an update with the intention of helping to prevent injuries to workers and bystanders caused by construction accidents. These changes are a result of research and investigations over the last few years that have pinpointed how to best reduce accidents without putting undue restraints on the profitability of construction companies. The result is a series of updates to construction safety laws on sites, building inspection requirements and property maintenance rules. If you’re injured in a construction accident, it’s important to speak to an experienced NYC construction accident attorney as soon as possible to determine whether you’re entitled to compensation. Wittenstein & Wittenstein is the Queens, Brooklyn, Staten Island, Manhattan and [...]