Thousands of accidents and injuries occur each year as a result of people that get behind the wheel of a car while being intoxicated. Joseph J. Perrini, III, is a professional DWI lawyer who has successfully recovered millions of dollars in damages for his clients, and he will fight diligently to ensure that you receive the monetary compensation that you need and deserve.
In addition to legal action against the negligent party, we may also be able to recoup damages from 3rd parties under the New York General Obligations Law Section 11-101.
Dram Shop Laws to Curb Drunk Driving
Under the Dram Shop laws in the state of New York, it is illegal for any establishment that serves alcohol to serve anyone who is clearly intoxicated. The law allows for these establishments to be held liable for any injury suffered by a third party if they are found to be in violation of these laws.
If you or a loved one has been injured or killed at the hands of a drunk driver, the establishment who served them can be held accountable. Call the Law Offices of Joseph J. Perrini
today at 516-221-7900 for a FREE
consultation to discuss your case. We don't collect a fee unless you win your case or reach a settlement.
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.