New York Dram Shop Lawyer
Drunk drivers are not the only parties that can be held accountable in collisions that injure other road users. Bars, restaurants, and other establishments can also be sued in civil court if they over serve intoxicated customers or serve alcohol to minors. If you were injured in a drunk driving crash caused by another person, you have the right to seek damages not only from that party, but also potentially from the establishment that illegally sold them alcohol. The New York dram shop lawyers at Cohan Law Firm have assisted clients in successful personal injury claims against establishments that violate New York’s Dram Shop Act.
What is New York’s Dram Shop Act?
New York’s Dram Shop Act assigns fault to a bar, alcohol establishment, or restaurant for illegally serving alcohol to customers who then go on to injure others in traffic collisions. Illegal serving of alcohol includes serving alcohol to the following groups of people:
- Minors under the age of 18
- Visibly intoxicated people
- Alcoholics
Why is it Called The Dram Shop Law?
Alcohol (liquor) used to be served by the “dram.” A dram was a little less than a shot, and simply the serving size used by that particular bar, though the official size of a “dram” is ⅛ of an ounce. Various state laws that enable plaintiffs to seek damages from negligent businesses have taken on the name in years since.
Damages in a New York Dram Shop Claim
In order to be successful in a dram shop traffic collision claim, you must be able to prove that the defendant (establishment that illegally served alcohol) proximately caused your injuries. This means that the defendant set events into motion that caused the collision. It can be difficult to prove that a bartender, for example, had reason to believe that they were serving alcohol to a “visibly intoxicated” person, or even a minor under the age of 18. Evidence in the form of witness statements, video surveillance, and the driver’s BAC may be of use. If successful you may be able to recover compensation for the following damages:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Loss of joy of life
- Property damage
- Punitive damages
Call a New York Dram Shop Law Attorney Today
A successful dram shop lawsuit is difficult to achieve. It requires proving that the bar or restaurant knew or should have known that it was serving a visibly intoxicated person, or a minor, both of which can be challenging. However, you may be able to substantially increase the compensation that you receive by using New York’s Dram Shop Act. And considering the seriousness of your injuries and the potentially small insurance policy held by the drunk driver who hit you, it may be a good option despite the challenges. To learn more about your rights as a drunk driving crash victim, call the New York dram shop law attorneys at Cohan Law Firm today at 855-855-0321 for a complimentary consultation.
