Alcohol Related Accident Lawyers
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ALCOHOL RELATED ACCIDENTS/
DWI ACCIDENTS
Many individuals are injured as a result of people driving while under the influence of alcohol. The Law Office of Joseph J. Perrini, III has successfully recovered monetary damages for clients injured as a result of drunk drivers/drunk driving accidents. In addition to direct actions for monetary damages against the individual driving under the influence of alcohol, an injured person may have additional causes of action against other third parties pursuant to section 11-101 of the New York General Obligations law.
What is New York’s Dram Shop Law/Act?
New York Dram Shop law is found in section 11-101 of the New York General Obligations law. Under this law, it is illegal for businesses to serve alcohol to persons who are visibly intoxicated. New York State law places liability on drinking establishments for serving alcohol to persons who are already obviously intoxicated. Restaurants, taverns, pubs and bars may be liable for damages to third parties who are injured as a result of the sale of alcohol if it is determined that the business employee served alcohol to an individual who exhibited slurred speech, bloodshot eyes, aggressive behavior a lack of physical coordination and other tell-tale signs of visibly intoxicated individuals.
It is also a violation of New York State law to serve alcohol to minors who are intoxicated.
What does New York’s Dram Shop law cover?
It does not matter whether or not an intoxicated individual causes injury to an individual inside or outside of the drinking establishment in which he became legally drunk. Consequently, if a bar serves a person alcohol, then that person drives away and injures another person in a car accident, the people injured may sue the bar for monetary damages. Additionally, dram shop laws in New York also hold the bar liable if their patron injures a pedestrian. The legal liability under New York’s Dram Shop law is not limited to vehicular accidents but may include incidents where the patron engages in a fight or attacks an innocent bystander.
Employees are also prohibited from serving alcohol to persons who are known to be habitual drunkards. Patrons themselves may not sue the business establishment.
Should I hire a New York lawyer for a
Dram Shop claim?
In order for the drinking establishment to be held liable, the plaintiff must prove:
- - The person who injured them was intoxicated;
- - The defendant (the bar or tavern) sold or provided liquor to the intoxicated person;
- - The defendant also caused or contributed to the person’s subsequent intoxication
It is very important to obtain an attorney as close in time to the incident so that adequate and proper investigation can be performed to preserve evidence to support your claim. Joseph J. Perrini, III has handled many Dram Shop claims and can help you advocate your claim and assist you with representation under New York laws.
Our toll free number is 877-544-5800.