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Drunk drivers and other intoxicated persons who cause accidents can be held not only criminally responsible but civilly liable for the victim’s medical bills and other losses. However, in many cases, liability extends even further back to the bar or other business that served the person too much alcohol. This is generally known in New York as dram shop liability.
Did you suffer injury from a drunk driver or other intoxicated individual? Are you concerned about winning the full amount of compensation to which the law entitles you? It’s time to call the Long Island law firm of Dell & Dean PLLC.
How Does the Dram Shop Law Work?
Under New York law, a bar, restaurant, or other establishment which illegally serves alcohol to someone can be held liable if the purchaser gets into a drunk driving accident or otherwise causes injury. This is known as dram shop liability and allows Long Island accident victims to seek compensation from the business that violates the statute.
There are three basic elements to a dram shop claim:
- An intoxicated person injured the victim: That is, there must have been a car accident or some other injury that can clearly be attributed to alcohol. If the accident was fatal, eligible survivors of the deceased victim can bring a wrongful death action pursuant to dram shop liability.
- The establishment illegally sold or provided alcohol: This is fulfilled if the business sells or gives alcohol to a person who is visibly intoxicated or under the age of 21. The dram shop law generally covers commercial establishments like bars and restaurants that dispense alcohol.
- There must be a causal link: Lastly, the unlawful provision of alcohol must have caused or contributed to the intoxication of the individual who caused the accident. This establishes a causal link between the unlawful sale or giving of alcohol and the victim’s injuries.
How Might a Business Violate New York’s Dram Shop Law?
A business in Long Island or elsewhere in New York may violate the law, and thereby potentially incur liability for itself, in various ways. Here are some examples:
- Selling or giving alcohol to someone under the age of 21
- Not checking the identification of the customer before selling alcohol
- Ignoring slurred speech, stumbling, and other obvious signs of intoxication
- Failing to take reasonable steps to prevent the drunk individual from driving
- Failing to stop serving or giving alcohol to the drunk individual
- Not calling police if the drunk individual threatens to get behind the wheel
- Not calling police if the drunk individual begins agitating other guests or starts a fight
In other words, bars and other businesses must use caution and common sense when it comes to serving alcohol. They cannot simply continue serving a customer who is clearly in no shape to either drive or safely be in the presence of others.
Who Can Bring a Dram Shop Liability Claim in Long Island?
Several different parties can potentially file lawsuits, pursuant to New York’s dram shop law, against establishments that irresponsibly sell or dispense alcohol. They include:
- Victims of drunk driving and other accidents: Although dram shop claims often involve drunk driving, they don’t have to. A drunk bar patron who stumbles into someone else and causes them to fall, suffering injury, could be the basis for a lawsuit.
- Assault victims: While dram shop incidents are typically accidental in nature, they sometimes involve assaulting victims. If there is a causal link back to the bar or other business, as mentioned above, an assault may also qualify.
- Families of victims: Many accidents linked to alcohol are fatal. But because they can be traced to a negligent bar or other establishment, eligible survivors of the deceased may be able to file a wrongful death action.
- Victims of property damage: Intoxicated individuals don’t just injure people, they damage property as well. A drunk driver in Long Island may slam into someone else’s car, for instance, and trigger a dram shop action.
Let Us Help You Fight For Justice
If an intoxicated person who should not have been drinking alcohol injured you, then you may be eligible to claim damages for medical bills, lost income, and more. But you need to act quickly; in most cases, victims only have three years from the date of the incident to take action. Get in touch with Dell & Dean PLLC to get started with your dram shop case today.
