Dram shop laws may allow the victim of an accident, where a driver was driving under the influence, to pursue a civil claim against an alcohol vendor or retailer. These essentially allow alcohol retailers and vendors to be held accountable for the actions of an intoxicated customer.
What are the elements of a Dram Shop case?
In order to establish liability under the New York dram shop law, the plaintiff must be able to show that:
- He or she was injured by a person who was intoxicated at the time of the injury;
- There was unlawful commercial sale of alcohol to the intoxicated person. This can include any sale of alcohol to a person under the age of 21 or to a personal who was visibly intoxicated by a merchant, restaurant, or bar;
- The sale of alcohol in some way caused or contributed to the person’s intoxication;
Since it is not always clear if a person is “visibly intoxicated,” this can be one of the more difficult requirements to prove. Sometimes people can hide their intoxication well, not showing any of the tell-tale signs to another person.
Do I Need an Attorney?
Proving that an alcohol vendor or retailer holds a degree of fault in an accident can be a difficult task. It may be a good idea to consult with a personal injury attorney. An experienced personal injury attorney can assess the facts of your case, help you understand your rights, and discuss any remedies that may be available to you.
If you have been injured by a drunk driver in New York, contact our firm today.
If you are in need of experienced legal counsel in regards to a personal injury or workers’ compensation case in New York City, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.