If an intoxicated person causes you injury, you can use dram shop laws to seek damages from the person who provided the alcohol. Below is an overview of dram shop laws in New York.
Apply to Both Vendors and Social Hosts
Dram shop laws in New York apply to both vendors and social hosts. For example, if John causes an accident after several beers at a nightclub, the nightclub might be liable for the damages. Similarly, if Jane causes an accident after too many shots of liquor at a friend’s birthday party, then the friend might be liable for the damages.
Only Apply to Illegal Sales
The first thing you should know is that, in New York, dram shop laws don’t apply to legal alcohol sales. Dram shop laws only apply to those who serve alcohol illegally. The law defines an illegal sale in three main ways.
1. Sale to a Minor
Anyone who gives alcohol to a person under the age of 21 breaks the law. Therefore, if a bar sells alcohol to a minor, and the minor causes an accident, then the bar is liable for the accident. The law doesn’t care whether the minor looked old for their age.
2. Sale to a Visibly Intoxicated Person
Secondly, anyone who serves alcohol to a visibly intoxicated person also breaks the law. Every alcohol server must determine for themselves whether the patron is visibly intoxicated or not. Typical signs of visible intoxication include bloodshot eyes, staggering, and slurred speech.
3. Sale to a Habitual Drunkard
According to legalmatch.com, no one should serve alcohol to a habitual drunkard. For example, if a restaurant server knows that a regular client is a habitual drunkard who gets violent when intoxicated, they shouldn’t sell alcohol to the person.
Not Limited to Vehicular Accidents
Dram shop laws are common with auto accidents. Maybe the application is common because intoxication impairs judgment and increases the risk of car accidents. However, dram shop laws also apply to accidents or injuries that are not car-related.
For example, the dram shop laws can apply if:
- An intoxicated person falls down the stairs and knocks down another person.
- An intoxicated person starts a fight with and causes injury to another person
- An intoxicated person starts a fire and damages another person’s property.
The critical factor here is that the intoxication caused or contributed to the injury or damages.
Don’t Apply to First-Party Injury Victims
You should also know that these laws don’t apply to first party accident victims. That is, if the intoxicated person causes an accident where they also get hurt, they cannot claim damages against their alcohol server.
Consider an example where an intoxicated Jane runs the red light and crashes into John’s car. In such a case, the person who served the alcohol to Jane is not liable for Jane’s injuries. However, the server is liable for John’s injuries.
Don’t Apply to Employees
Employees who sustain alcohol-related injuries cannot claim damages against their employers. The dram shop laws strictly apply to injured third parties.
Take an example where John gets too drunk at a nightclub and starts a fight with the bouncer. Being an employee of the nightclub, the bouncer cannot use dram shop laws to seek damages from the nightclub. However, if a bystander also sustains injuries during the fight, the bystander can use dram shop laws to claim damages against the nightclub.
An experienced lawyer can use these laws to get you compensation after an accident. Siben & Siben LLP has been practicing law for a long time – we have extensive experience in personal injury law. If you have a personal injury case, contact us today for a consultation so that we can review your case and advise you on the way forward.