If you get injured in a car accident involving a drunk or intoxicated driver, you may have more than just the impaired driver to hold responsible for your damages. Under New York’s dram shop liability laws, alcohol vendors can be held accountable for collisions caused by drunk drivers in certain circumstances.
What Is Dram Shop Liability?
A “dram shop” refers to any business licensed to sell, provide or furnish alcohol. This could be a liquor store, bar, club or restaurant. Dram shop liability is a legal doctrine that exists in most states to help prevent drunk driving and hold alcohol providers accountable for illegally selling drinks to minors or to already intoxicated individuals.
Under dram shop liability laws, the furnisher or supplier of the alcohol that contributed to a drunk driver’s intoxication can be held liable, or legally and financially responsible, for a subsequent driving under the influence (DUI) accident. An injured victim can potentially recover compensation from the alcohol supplier in addition to the drunk driver.
Can You Hold a Dram Shop Liable for a Drunk Driving Accident in New York?
New York has a dram shop law that does allow for an alcohol provider to be held liable for certain accidents and injuries caused by intoxicated persons. Consolidated Laws of New York §11-101 states:
Any person who shall be injured…by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication.
Under this doctrine, the improper sale of alcohol that results in an intoxicated person causing harm to others can serve as grounds to hold the alcohol vendor liable. This law will apply when a dram shop sells alcohol to someone under the age of 21 or someone who is already visibly intoxicated.
Elements of Proof for a Dram Shop Case
Dram shop liability claims fall under the rule of strict liability, meaning the plaintiff or filing party doesn’t have to prove negligence. It is enough to establish liability under New York’s dram shop law if the following is true:
- The dram shop sold or served alcohol to the person who caused the accident, and
- The person was actually or apparently under the legal drinking age of 21, or
- The person was already “visibly intoxicated” (e.g., slurred speech, stumbling, etc.).
To use the doctrine of dram shop liability, the plaintiff will need evidence proving these elements as more likely to be true than not true (also known as a “preponderance of the evidence”). Evidence may include surveillance footage, witness statements, an investigation of the alcohol vendor for any prior violations, car accident reconstruction and medical records.
How a Lawyer Can Help
The most difficult element to prove during a dram shop liability claim is “visible intoxication.” Evidence such as blood alcohol concentration (BAC) is not enough; there must be proof that the individual was actually or apparently intoxicated at the time that he or she was served by the vendor.
A dram shop liability lawyer can be paramount when it comes to proving this unique type of case. A lawyer can conduct a thorough investigation into the drunk driving accident to find evidence not only against the at-fault driver but alcohol providers, as well. A law firm will have legal resources and connections to experts to prove the required legal elements.
At Abaev Law Firm, PLLC, we have many years of experience handling complex drunk driving accident cases across New York. We can help you understand your rights as a victim and seek justice against all liable parties, which may include a dram shop. For a free consultation with our car accident lawyers in Forest Hills, contact us 24/7.