Drunk driving accidents are common causes of serious personal injuries and death in New York. Drunken individuals can also cause other types of injuries, including injuries resulting from bar fights. In New York, it may be possible for victims of these incidents to file claims against not only the intoxicated person, but also against the establishment or individual who served the perpetrator the alcohol. If your recent injuries involve someone under the influence, contact us to discuss your case in NYC.
Dram shop cases typically involve the insurance companies of bars, restaurants, casinos, and other major establishments. It can be difficult to obtain a satisfactory settlement from a business’s tough insurance provider without help from a lawyer. An attorney knows how to negotiate dram shop claims to a client’s best interests. Without an attorney, an insurance company may take advantage of you or try to deny a valid claim. Hire a lawyer to protect your rights and to fight for fair financial recovery.
In the state of New York, it is against the law to sell or furnish alcohol to people who are obviously underage, as well as to people who are visibly intoxicated. Breaking this law could result in dram shop or social host liability for related damages, such as if the intoxicated individual causes a drunk driving accident.
As the victim of a drunk driving accident, criminal violence from an intoxicated person, or another incident involving someone under the influence, you may have the right to bring a claim against not only the perpetrator, but the person or establishment that gave the individual alcohol. The dram shop or social host could be legally responsible for your damages if it/he/she continued to serve the intoxicated person alcoholic beverages.
New York’s dram shop law is a strict liability tort. This makes it easier for victims to establish liability than in many other personal injury lawsuits. Restaurant, bar, and other dram shop owners must not serve alcohol to people who look clearly underage and/or who are already intoxicated. Doing so could lead to financial liability if the victim can prove:
With these three elements, the victim has a compelling case against the dram shop for damage liability. The victim may also be able to name the intoxicated person as a defendant in a personal injury claim. More than one party can share fault for an accident in New York. Typically, you have three years from the date of your accident to file a personal injury claim such as this against the at-fault party/parties. Missing your deadline generally means losing your right to file.
A lawyer from Sullivan Papain Block McGrath & Cannavo, P.C., could help with your dram shop liability case in NYC. Our attorneys have extensive experience handling a variety of personal injury claim types. They also have the skill and commitment to provide high-quality representation. If you are curious about your rights after a drunk driver or individual injures you, discuss your case for free with one of our attorneys. Call (212) 732-9000 anytime to schedule your no-obligation case evaluation.