What Are Dram Shop Laws?
New York Dram Shop laws are in place to hold liable any alcohol vendor for accidents that happen as a result of selling alcohol to those who are under the age of 21 or to people who are visibly intoxicated. That means if you are involved in an accident caused by a person who was impaired and you can prove that it was a result of the commercial sale of alcohol to that person, you can sue the bar, restaurant or other establishment where the sale of alcohol took place.
In order to do sue an establishment, you must prove your case. Specifically, you must show:
- You were injured by an intoxicated person
- The establishment unlawfully sold the intoxicated or underage person, alcohol
- The sale of alcohol contributed to the person's intoxication
Proving A Dram Shop Case
A case under the dram shop laws can be difficult to prove because it is not always clear if a person is intoxicated. But, as Lipsig Bronx states, the law allows the injured victims to file a lawsuit. However, the establishment may not be held liable because it may not be apparent that the person was not visibly intoxicated. Some people can be impaired long before it is noticeable.
In order to prove a dram shop case, it may be necessary to view security video from the bar, restaurant or other establishment where the alcohol was served. You may also be able to talk to witnesses who were in attendance at the establishment. It is possible they witnessed the person and noticed they were intoxicated or underage when they were sold the alcohol.
You must gather all the evidence you can and talk to as many witnesses as possible in order to build your case. While such a case is a difficult one, it is not impossible for you to win.
If you have been involved in a Bronx drunk driving accident contact our personal injury attorneys at:
Lipsig, Shapey, Manus & Moverman
1392 Boston Rd
Bronx, NY 10456
(347) 475-1041
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