Dram Shop Liability Law in New York

Dram Shop Liability laws in New York include accidents involving a minor or an intoxicated person that affected you, or a family member. Put simply, dram shop laws hold commercial establishments responsible for injuries or damages caused by their intoxicated or underage patrons. ⁽¹⁾

What Is a Dram?

The word “dram” refers to an old British measure of alcohol. A dram is the equivalent of ¾ of a teaspoon of alcohol. ⁽²⁾ Today, laws aimed primarily at commercial establishments serving alcohol are collectively referred to as “dram shop laws.”

When Do Dram Shop Laws Apply?

“Dram shop laws enable third-party victims of drunken behavior to file civil lawsuits against the establishment, the wait staff, or the store clerk that sold alcohol to the minor or intoxicated person. Victims may also bring suit against the intoxicated individual and possibly receive damages from both parties,” according to one consumer information website. ⁽³⁾

An example of a dram shop case might be when a person is served an alcoholic beverage while visibly intoxicated already. This person then drives and hits someone with their car. The bar or restaurant is liable for continuing to serve alcohol to someone who was already drunk.

New York State Dram Shop Liability Laws

Dram shop laws are not federal laws; they are enacted at the state level and differ depending upon the state. ⁽⁴⁾

New York State has dram shop laws under Section 11-101 of General Obligations Chapter 24-A. Article II. Title 1. In New York, victims have a right to “recover actual and exemplary damages.” ⁽⁵⁾

Exemplary damages are punitive damages. “Punitive damages are considered punishment or damages intended to dissuade and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.” ⁽⁶⁾

Dram Shop Laws and Crashes

These laws are particularly relevant for victims of car crashes. “In New York State slightly more than 30% of the fatal crashes are alcohol related,” says the New York State Police. ⁽⁷⁾

It goes on to say, “Drunk drivers cause more than 17,000 deaths annually. This equates to 310 funerals each week or one death every 30 minutes.” ⁽⁸⁾

“Drivers under the age of 21 comprise just 5% of licensed drivers in New York State, but are involved in 14% of the alcohol related crashes.” ⁽⁹⁾

Widespread Dram Laws Are Effective

In a policy summary, the Substance Abuse and Mental Health Services Administration (SAMHSA) reported, “45 jurisdictions imposed dram shop liability as a result of statutory or common law or both.” ⁽¹⁰⁾

The U.S. Department of Health and Human Services Office of Disease Prevention and Health Promotion reports the Community Preventive Services Task Force concluded, “dram shop liability is effective in preventing and reducing alcohol-related harms.” ⁽¹¹⁾

What are alcohol related harms, particularly as they relate to underage drinkers?

Dangers to You of Underage Drinking

Underage drinkers often engage in binge drinking, a very dangerous activity. This activity brings blood alcohol concentration levels to .08 percent or higher, says the National Institute on Alcohol Abuse and Alcoholism. ⁽¹²⁾

There are a number of risks and possible negative outcomes related to this behavior. Negative consequences affecting you include: ⁽¹³⁾

• Accidents causing injury or death.
• Impaired judgment.
• Increased risk of assault.
• Interference with brain development.

When you are hurt in a drunk driving accident, you probably need help. In addition to any physical harm, you often have to deal with emotional pain.

Not to mention the expenses of getting medical care, replacing your car, and possibly being out of work. We understand what you are going through and want you to know you are not alone.

Did you or a loved one fall victim to a construction trench or tunnel collapse accident, due to negligence? If so, your employer was supposed to protect you. If your employer had taken the necessary precautions to begin with, you and your loved ones would not be suffering as you are now.

You have the right to hold the negligent employer responsible. You have the right to receive compensation for your losses and support for your future.

Disturbing Trends of Underage Drinking

Reasons for alcohol consumption among minors vary. However, survey results suggest peer pressure, lack of knowledge about possible health effects, and stress are among the primary reasons youth drink. ⁽¹⁴⁾

National surveys of youth alcohol consumption highlight some disturbing trends. Here are some of the findings: ⁽¹⁵⁾

• While minors drink less often than adults, their consumption of alcohol is higher. For example, 12- to 20-year-olds drink 3.2% of the total amount of alcohol consumed in the U.S.
• In one year, 646,000 youth binge drank on at least 5 days of a month.
• Girls are reported to consume more alcohol “(8.5% vs 5.5%) and binge drinking (4.0% vs 2.6%) than boys.”
• During a single year, 97.7% of underage drinkers report having access to free alcohol, often through family members and friends.

Dram Shop Lawsuit: Proving Liability Under Dram Shop Laws

Dram shop liability cases fall under personal injury law. This involves proving negligence.

Proving liability under dram shop laws means the plaintiff (person suing) must show the defendant (business, organization, or person being sued) was negligent. The defendant could be negligent by continuing to serve alcohol to a visibly intoxicated individual or by serving a minor at all.

Negligence is when a party acts or fails to act with the “level of care that someone of ordinary prudence would have” in similar circumstances. ⁽¹⁶⁾ In some cases, this means liability falls on more than one party.

For example, a bar and a drunk driver may both be found liable for a car accident. The bar could be liable if the driver was a minor and it served the underaged teen the alcohol.

Or if the bartender continued to serve alcohol to someone who was obviously drunk. The intoxicated driver is accountable for their own actions, as well. In some instances, even the wait staff may bear responsibility.

How W&L Can Help

Personal injury claims are complicated, and circumstances differ with each case. An experienced personal injury attorney knows the law and can guide you through the legal process and toward the most favorable outcome for your case.

The lawyers at W&L understand the hurt and pain you are feeling from being in an accident with a drunk driver. We believe you deserve justice for the harm that caused your suffering. Harm that could have been avoided.

Bars, restaurants, liquor stores, and other companies continue to serve alcohol to people who are drunk or underage. When they do so, they should be held accountable. When businesses provides alcohol to someone they should not have given it to, they need to take responsibility for their actions.

If they had not been negligent, you would not be hurt. You are in this position and only need to sue them because they did the wrong thing.

Weitz & Luxenberg lawyers have years of experience in personal injury litigations and with getting legal success and compensation for our clients. Here are a few examples:

• $13.34 million judgment for client attacked with a baseball bat at a Queens bar, leaving him with traumatic brain injuries.
• $20.5 million plus another $3 million in past and future medical expenses for client of hit-and-run accident left paralyzed from chest down.
• $1.4 million for an elderly client struck on the streets of Manhattan by an ambulance, creating lasting health issues.