At Fellows Hymowitz Rice, our New City dram shop liability lawyers are dedicated to helping victims injured in drunk driving accidents and other alcohol-related incidents. We understand the devastating impact a serious injury has on your life, and we are committed to seeking justice.
Our experienced legal team has a proven track record of success in dram shop cases, and we are passionate about holding businesses and individuals who serve alcohol irresponsibly accountable.
Driving while intoxicated is dangerous, and the statistics surrounding drunk driving paint a grim picture. According to the National Safety Council, drunk drivers cause more than 13,000 deaths in the United States each year. This total averages over 250 funerals each week, or one death every 40 minutes.
In New York, over 20% of fatal crashes are alcohol-related. These numbers represent real people, families, and communities affected by the devastating consequences of drunk driving.
Bars that overserve customers can contribute to these statistics. To combat drunk driving accidents and similar tragedies, legislators have passed dram shop laws in New York and many other states. These laws aim to hold establishments that sell alcohol accountable for irresponsible alcohol sales.
The term “dram shop” refers to a business that serves alcohol. Dram shop liability is a legal doctrine that holds businesses and individuals responsible for serving alcohol to patrons who become intoxicated and subsequently cause harm to themselves or others.
New York's dram shop law imposes liability on businesses that serve alcohol to patrons who are already visibly intoxicated. This means that if an establishment serves an intoxicated person who then causes an accident, the establishment can be held responsible. Individuals who sell alcohol, such as bartenders, can also be liable under this law.
A key element of dram shop liability is visible intoxication. This means that the individual serving the alcohol should have been able to recognize that the patron was intoxicated. They must look for such signs as:
To establish dram shop liability, the plaintiff must also prove that the action of serving alcohol to the intoxicated patron was a direct cause of the harm they suffered. In other words, there must be a clear link between the act of serving alcohol and the accident or injury.
New York also places liability on those who sell or give alcohol to people under 21 years old if the underage person then causes an alcohol-related injury.
This liability is not limited to alcohol vendors; it can be applied to anyone who supplies alcohol to someone under 21. When it is applied to private individuals, it is sometimes called “social host liability.”
New York operates under a comparative negligence system. This means that if you are partially at fault for an injury caused by an intoxicated person, your compensation may be reduced based on the percentage of fault attributed to you. For example, if a jury determines you were 20% responsible for a car accident, your compensation will be reduced by 20%.
Focus on your recovery while we take on your legal fight. Contact Fellows Hymowitz Rice today to discuss your dram shop liability case.
Dram shop laws are closely associated with drunk driving accidents. However, other types of injuries can lead to dram shop liability claims, including bar fights and trip and fall accidents.
Accidents caused by drunk drivers can result in property damage, serious injuries, and death. When a business serves alcohol to a visibly intoxicated person, it could be held liable if that person then gets behind the wheel and causes a car accident.
A bar that is in the habit of overserving customers can create a volatile environment where intoxicated patrons are more likely to get into altercations and fights. A victim who is injured in a bar fight because the bar overserved another customer might have a case under New York’s dram shop law.
A heavily intoxicated person is more prone to tripping and falling due to their impaired coordination and balance. Suppose that an intoxicated person trips and falls on a staircase, hitting someone else on the way down and injuring them. The injured person might have a valid dram shop liability case.
In New York, victims can file claims against businesses for injuries caused by their customers in a few different situations.
Dram shop laws establish the duty of alcohol vendors to recognize signs of intoxication, such as slurred speech, an unsteady gait, or alcohol consumption beyond a reasonable amount. They should refuse to serve anyone exhibiting visible signs of intoxication.
Establishments may be held liable for continuing to serve alcohol to patrons who have already consumed excessive amounts, even if they were not visibly intoxicated when they first arrived.
Bars and other establishments that serve alcohol should have reasonable security procedures in place to prevent intoxicated individuals from causing harm.
Therefore, you could file a claim against both the person who injured you in a bar fight and the bar itself, especially if the bar did not take sufficient security measures. For example, the bar might face liability if it failed to hire a bouncer despite frequent bar fights or if it failed to remove an aggressive patron.
Liquor stores, bars, and nightclubs have a responsibility to prevent minors from purchasing alcohol. Businesses that do not check IDs or are otherwise negligent in this responsibility could be held liable for resulting injuries. Unlike in dram shop liability cases, the business could face liability even if the underage customer was not visibly intoxicated.
When you are injured in an accident caused by another person, remember the following steps:
Building a strong personal injury case requires acting quickly to protect your rights and preserve evidence.
The best path to compensation in your dram shop liability case may involve an insurance claim and a personal injury lawsuit. If you are injured by a drunk driver, for example, your first step may be to file a claim against your own personal injury protection policy. Unfortunately, these policies are rarely robust enough to cover the expenses related to serious injuries.
To recover your remaining losses, you have the right to file a claim against the person who injured you. However, this person may not have enough funds to repay your expenses. In that case, your lawyer may advise you to file an insurance claim or lawsuit against the business that overserved this person.
In New York, the statute of limitations for personal injury lawsuits is three years. This deadline applies to most dram shop liability claims. However, it's crucial to consult with a lawyer as soon as possible to begin building your case.
When you file a claim under dram shop laws in New City, NY, you may be able to recover compensation for your losses, both monetary and nonmonetary.
You’ll likely seek the following economic damages:
Then, your lawyer will use established legal principles to estimate a fair award for non-economic damages. These may include:
At Fellows Hymowitz Rice, our dram shop liability attorneys know the emotional impact of a serious injury, and we’ll fight hard to get you the full damages you deserve.
If the accident resulted in a fatality, the victim's family may be entitled to compensation for their loss. This can include loss of companionship, support, and guidance.
In a dram shop case, multiple parties may be held liable.
The person who was served alcohol while visibly intoxicated can be held liable for their actions. Someone who chooses to drive drunk is responsible for injuries caused by this choice, for example. The injured person can file a personal injury claim against the drunk driver to recover compensation.
Dram shop laws allow another path to compensation. If a bar, restaurant, or other establishment serves alcohol to someone who is visibly intoxicated, and that person later causes an accident, the establishment could be held liable.
Along with the establishment, a bartender or server can be held personally liable for knowingly serving liquor to an intoxicated person. Additionally, if the establishment's owner or manager knew about a pattern of overserving alcohol and failed to take action, they could be held liable.
Our New City dram shop liability lawyers have a deep understanding of New York's dram shop laws and the legal process involved in these cases. We are committed to:
We know how to get fair results for our clients, and we have the experience and resources necessary to fight for you in court.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Margaret is a seasoned negotiator, expert in civil dispute resolution, with extensive experience handling homicide cases.
Don't let an injury define your future. Get the justice and compensation you deserve. Contact us today for a free consultation!
We provide compassionate legal representation across New York, including New City, Manhattan, Bronx, Queens, and Westchester County. No matter where you live or where the injury occurred, we're here to help you get the justice you deserve.
Are you ready to take control of your future? Our New York dram shop liability lawyers are here to help you fight for fair compensation. Contact us today for a free consultation.
