Dram shop liability laws hold alcohol-serving establishments accountable when their negligence contributes to serious injuries. Bars, restaurants, and liquor stores have a legal duty to avoid serving visibly intoxicated individuals or minors.
When they fail to uphold that responsibility, the consequences can be life-changing for victims who suffer injuries in alcohol-related accidents, assaults, or crashes. You may have the right to compensation if a negligent bar contributed to your injuries by overserving or serving a minor.
At the Law Offices of Jason B. Kessler, our dram shop liability lawyers understands the unique aspects of these cases and the challenges victims face when seeking justice. We work closely with clients to investigate how and where the negligent alcohol service occurred, identify liable parties, and build a strong compensation claim.
Dram Shop Liability Key Takeaways
- Dram shop law holds alcohol-serving establishments accountable when they overserve intoxicated individuals or minors who later cause harm.
- Liability may extend to bars, restaurants, liquor stores, social hosts, and individual servers, depending on how alcohol was provided.
- Victims can pursue compensation for medical expenses, lost income, emotional harm, and other damages caused by negligent alcohol service.
- Dram shop liability compensation varies based on the severity of the injury, the extent of required medical care, work limitations, and the establishment’s level of negligence.
- Call a dram shop liability attorney for legal support.
What Is Dram Shop Law
Dram shop law refers to legislation that holds bars, restaurants, and other alcohol-serving establishments legally responsible for injuries caused by their intoxicated customers. The term "dram shop" originates from an old English unit of measurement for alcohol called a "dram," which establishments once used to sell spirits.
In New York, this legislation is codified as the Dram Shop Act under General Obligations Law § 11-101, which makes it illegal for establishments to overserve customers.
These laws enable third-party victims of drunken behavior to file civil lawsuits against establishments, wait staff, or store clerks who sold alcohol to minors or intoxicated persons. The fundamental principle underlying dram shop law is that alcohol vendors share responsibility for preventing alcohol-related harm by refusing service to specific categories of individuals.
Commercial Sales
The primary dram shop statute in New York, the General Obligations Law, establishes liability for the unlawful sale of alcohol. The law applies to sales of liquor by licensed establishments and requires that the sale be made directly to a visibly intoxicated person.
Under this section, establishments can be held liable when they sell alcohol to individuals who are visibly intoxicated. Signs of visible intoxication include slurred speech, lack of physical coordination, and impaired judgment.
The definition of visibly intoxicated is largely left to the discretion of the employee serving the alcohol. To impose liability under Section 11-101, a plaintiff must prove that the defendant sold alcohol commercially to a visibly intoxicated person who subsequently caused injury or death to another.
Importantly, New York is unique because intoxicated patrons themselves cannot sue the establishment that served them. Instead, only third parties injured by the intoxicated patron may bring claims. Victims have the right to recover actual and punitive damages for their losses.
Furnishing Alcohol to Minors
In 1983, New York enacted General Obligations Law §11-100 as a companion statute to §11-101. This section imposes civil liability on any person who unlawfully furnishes alcohol to someone under age 21 or assists a minor in procuring alcohol, without requiring a commercial sale.
Under Section 11-100, anyone who provides alcohol to or assists in procuring alcohol for a person under 21 can be found liable. The statute applies more broadly than §11-101, covering both commercial establishments and social hosts.
To establish liability, it must be proven that the defendant knowingly furnished or assisted a minor in procuring alcohol, which ultimately caused the impairment or intoxication of the minor.
However, selling liquor to an underage drinker only violates the dram shop law if they were visibly intoxicated at the time of sale.
Scope of Liability and Third-Party Claims
Victims of drunk driving accidents may sue both the intoxicated driver and the bar where the driver was drinking to recover compensation under New York dram shop laws. Damages in these cases are not limited to vehicular accidents but may include incidents where patrons engage in fights or attack innocent bystanders.
A dram shop violation is considered a strict liability tort, meaning that alcohol vendors have an absolute duty not to sell alcohol to individuals in restricted categories. This standard makes it easier for injured parties to establish liability, as they need not prove the establishment acted with malice or intent.
The duty of an injured victim is to prove that an unlawful sale occurred and caused their injuries. The Dram Shop Act does not create a cause of action for individuals injured as a result of their own intoxication, and there is no common-law cause of action either.
Additionally, establishments may raise defenses such as arguing they had no reason to believe a patron was intoxicated or that the patron's actions were unforeseeable.
Who Is Liable Under Dram Shop Law
Dram shop laws hold specific parties accountable when their service of alcohol contributes to injuries or damages caused by intoxicated individuals. Here are potential parties who may be liable under dram shop liability laws:
Commercial Alcohol Vendors
Bars, restaurants, nightclubs, and liquor stores represent the most common defendants in dram shop cases. These establishments can be held liable when they serve alcohol to visibly intoxicated persons or minors who subsequently cause harm to others.
A dram shop attorney can prove commercial liability by gathering evidence that demonstrates the establishment's negligence. Some of the evidence they can use includes:
- Surveillance footage showing the patron's level of intoxication
- Securing receipts and credit card statements that document excessive alcohol purchases
- Collecting witness testimony from other patrons or staff who observed the individual's impaired state.
A dram shop liability attorney can also review training records to determine whether servers received proper instruction on recognizing signs of intoxication. They can also collaborate with expert witnesses, such as toxicologists, to calculate the patron's blood alcohol concentration at the time of service.
Social Hosts
In some jurisdictions, private individuals who host parties or gatherings can face dram shop liability. However, the standards of liability are typically more restrictive than for commercial vendors.
Social host liability usually applies when adults provide alcohol to minors who then cause injury. A dram shop attorney establishes social host liability by demonstrating that the host knowingly provided alcohol to underage individuals.
Evidence may include testimony from party attendees, text messages, or social media posts advertising the availability of alcohol to minors, and proof that the host purchased alcohol specifically for the event.
A personal injury lawyer can investigate whether the host took reasonable precautions to prevent underage drinking, such as checking identification or supervising alcohol access. In cases involving adult guests, some states extend liability only if the host served someone they knew was visibly intoxicated.
Alcohol Servers and Bartenders
Individual employees who directly serve alcohol can sometimes be held personally liable alongside their employers. Their liability arises when servers fail to recognize obvious signs of intoxication or deliberately over-serve patrons.
A dram shop liability attorney can prove employee liability by establishing that the server violated responsible beverage service standards and their employer's policies. Here's how they can prove liability:
- Obtaining the employee's training certifications
- Reviewing establishment policies regarding alcohol service
- Demonstrating through witness accounts that the server continued providing drinks despite clear intoxication indicators.
Compensation for an Injury
You can initiate a lawsuit against the negligent party to obtain compensation for your losses. Some of the damages you can obtain in a dram shop liability claim include:
Medical Expenses
Victims injured as a result of negligent alcohol service may recover compensation for a wide range of medical costs. These expenses reimburse the victim for immediate and long-term healthcare needs stemming from the accident. Common recoverable medical expenses include:
- Emergency room treatment
- Ambulance transportation
- Hospitalization
- Diagnostic tests such as X-rays, CT scans, and MRIs
- Surgical procedures
- Prescription medications
- Physical therapy and rehabilitation
- Follow-up care and specialist visits
- Medical equipment such as braces, crutches, or mobility aids
Lost Income
If your injuries prevent you from returning to work, you may claim compensation for lost income. This includes earnings you missed while recovering, as well as future lost earning capacity if your injuries affect your long-term ability to work.
A dram shop attorney can calculate your losses by reviewing pay stubs, employment records, expert testimony, and the nature of your injuries.
Out-of-Pocket Expenses
Injuries often come with additional expenses that can disrupt your finances. Victims can recover reimbursement for out-of-pocket expenses, including transportation to medical appointments, childcare during treatment, home modifications, medical supplies, and temporary household assistance.
Loss of Enjoyment of Life
Loss of enjoyment of life damages addresses the impact injuries have on a victim's ability to participate in daily activities, hobbies, or lifestyle routines they once enjoyed. Whether you can no longer engage in sports, social activities, or simply enjoy pain-free movement, the law recognizes that these losses diminish your quality of life.
Loss of Consortium
Loss of consortium compensates a spouse for the emotional, physical, and relational harm caused by the victim's injuries. You can claim compensation for loss of companionship, affection, comfort, support, or sexual relations.
A dram shop liability attorney can help prove this by presenting medical records, psychological evaluations, and testimony from family members. They can also utilize expert opinions to demonstrate how the injury impacted the marital relationship.
Emotional Anguish
Injured victims also endure emotional trauma with symptoms like anxiety, depression, fear, insomnia, and post-traumatic stress disorder. Emotional anguish damages compensate injured victims for the psychological toll associated with the accident.
A dram shop liability lawyer may use mental health evaluations, therapy records, and personal testimony to demonstrate the depth of your suffering.
Pain and Suffering
Pain and suffering compensation accounts for the pain, trauma, or inconvenience endured after the injury, as well as the long-term discomfort that may persist. For example, a victim who develops chronic back pain after being struck by an intoxicated individual may struggle with daily tasks, require ongoing therapy, and live with constant discomfort.
Permanent Disability
An injury may result in permanent disability, such as mobility limitations, nerve damage, or loss of function. As a result, they may seek compensation for lifelong medical needs, reduced earning capacity, and the lasting impact of the disability on daily living.
Permanent disability damages account for the enduring consequences of severe harm.
Punitive Damages
A judge can award you punitive damages when the conduct of the alcohol-serving establishment is especially reckless, such as knowingly serving someone who is visibly intoxicated and dangerous.
As the name suggests, punitive damages are designed to punish wrongdoing and deter similar behavior in the future.
Dram Shop Liability Frequently Asked Questions
How Much Can You Claim for Personal Injury?
How much you can claim for a personal injury under New York's dram shop liability laws depends on factors such as the severity of your injuries, the extent of medical treatment required, and how the accident affects your ability to work.
Why Is My Claim Taking So Long to Process?
Dram shop liability claims involve complex investigations into alcohol service practices, patron intoxication levels, and causation between over-service and injuries. Delays often stem from lengthy investigations, negotiating with multiple insurers, and determining proportional liability among potentially responsible parties.
Will I Win My Lawsuit?
Working with a dram shop liability attorney enhances your lawsuit prospects because they are familiar with state liquor laws and can establish proof that over-service contributed to the harm. Their knowledge of precedent cases and liability standards directly increases your likelihood of winning compensation.
Let Our Dram Shop Liability Attorneys Fight for Your Rights
If you suffered an injury because an alcohol-serving establishment acted irresponsibly, you should not have to shoulder the financial and emotional burden alone. A legal professional can use New York's dram shop laws to protect your rights.
Our dram shop liability attorney at the Law Offices of Jason B. Kessler is committed to pursuing justice on your behalf. We gather compelling evidence and initiate a claim likely to yield fair and just compensation for your losses. Contact us online or at (914) 220-1088 for a free case evaluation.