Drunk driving accidents lead to thousands of injuries and fatalities each year. In 2022 alone, 13,524 people were killed in crashes involving alcohol in the U.S. These deaths and injuries are preventable, and it’s critical to hold those who drink and drive and the establishments that serve them accountable for their actions. At James Alexander Law, our personal injury lawyers understand the nuances of dram shop law in New York. We help injured victims understand how dram shop law in New York applies if a bar or restaurant may be liable after a drunk driving accident.
What is Dram Shop Law?
New York dram shop law holds establishments that serve alcohol alcohol-serving accountable for injuries caused by intoxicated patrons. This law gives injured people the right to sue a bar or restaurant if they served an underage person or a patron who was visibly intoxicated and caused a crash. Proving the elements of a dram shop case is challenging, so it’s important to seek the counsel of a personal injury lawyer who’s well-versed in the law. Your local, dedicated attorneys at James Alexander Law have served more than 10,000 personal injury clients over 40 years and know the nuances of New York dram shop law inside and out.
Elements of Dram Shop Liability
For a dram shop claim to be successful, a plaintiff must typically prove the following elements:
Unlawful sale of alcohol – You must show that the establishment sold alcohol to someone who was either visibly intoxicated or under 21.
Causation – There must be a direct link between the alcohol served and the harm and injury experienced in the accident.
Damages and losses – You must establish that you suffered damages such as injury, lost wages, and/or pain and suffering as a result of the actions of the intoxicated person.
Proving Liability in New York Dram Shop Claims
Evidence of Visible Intoxication
One of the most essential components of a dram shop claim is proving that the patron was visibly intoxicated when they were served alcohol. This can be challenging, however, an experienced personal injury attorney knows how to gather vital evidence to prove your case.
Witness Testimony – Statements and testimony from other patrons, servers, bartenders, and security personnel can be valuable evidence in a dram shop claim. If they witnessed signs of intoxication such as unsteadiness, slurred speech, or belligerent behavior, it may help prove your dram shop claim.
Receipts – Documentation that shows the quantity and timing of the alcohol that was served can also demonstrate whether someone was overserved by an establishment.
Video footage – Visual proof of visible intoxication or a patron being served too much alcohol is some of the most compelling evidence in dram shop claims.
Expert testimony –Toxicologists who are experts in alcohol consumption can testify about the effects of alcohol based on the amount the intoxicated person consumed.
Police reports – Incident or accident reports by law enforcement can also back up claims that an intoxicated person was overserved at a bar or restaurant.
Establishing Causation
Connecting the establishment’s actions to a person’s injury is vital in New York dram shop cases. For example, if a restaurant serves an already visibly intoxicated person who causes an accident, your personal injury lawyer may be able to prove that the establishment contributed to the circumstances that led to the injury.
Creating a clear timeline of the events that resulted in a drunk driving accident helps show the link between the bar overserving a patron and the victim’s injuries. Expert analysis by accident reconstructionists, toxicologists, and other experts can also help demonstrate the link between the intoxication level and the crash.
How a Personal Injury Attorney in Central New York Can Help
Proving a dram shop claim can be an uphill battle. An establishment may raise defenses such as lack of visible intoxication, the potential liability of other parties, and the comparative negligence rule under New York law. However, courts in New York take drunk driving very seriously. A seasoned personal injury lawyer like your local, dedicated attorney at James Alexander Law puts all the evidence together and creates compelling legal arguments that can lead to a successful outcome for your dram shop claim. In addition to helping you pursue maximum compensation for your damages, holding establishments responsible for their negligence can prevent injuries and fatalities associated with drunk driving accidents and save lives in the future.
Contact Our Dram Shop Lawyers in Central New York
At James Alexander Law, we help personal injury clients in central New York, Rochester, and the Southern Tier and North Country areas find the recovery and peace of mind they need after a drunk driving accident. To schedule a free case evaluation with a dram shop attorney in central New York, contact us online or call 1-800-529-1333. We offer two convenient locations in East Syracuse and Rochester, New York.
