Dram Shop / Liquor Liability

Dram Shop / Liquor Liability

In Westchester County and across New York state, if you’re in a car accident caused by an intoxicated driver or are harmed in any way by someone who has been drinking, that individual is usually the at-fault party. You can file a claim, proving that they were negligent in drinking too much, causing your injuries.

However, in these cases there may be additional liable parties and pursuing these parties can help you seek fair compensation for your injuries. Under New York’s Dram Shop Laws, for example, you may have a claim against those who sold or offered alcohol to the person who injured you.

At The Law Office of Mark A. Siesel, we always thoroughly investigate your injuries and accident, to make sure we can find all liable parties and pursue every dollar of compensation you deserve. We also carefully explain any relevant laws that impact your case, so you’re fully informed about the details of your case. If you have been injured by a drunk driver, have been assaulted by someone under the influence, or have otherwise been harmed by someone who was intoxicated, contact The Law Office of Mark A. Siesel for a free consultation.

What Are Dram Shop Laws?

Dram Shop liability is an area of law in which the sale or furnishing of liquor is made to two general categories of people who should not be provided such alcohol, and as a result of the provision of alcohol to this person, he or she causes a serious injury or fatality. The two general categories are persons who are under the age of twenty-one, and people who are “visibly intoxicated.” This area of law is also known as “liquor liability.”

More specifically, there are three general sections of New York Law that cover Dramshop liability. The first is Section 11-100 of the General Obligations Law, which states in relevant part that anyone who suffers personal injury or death due to the intoxication or impairment of someone who is under age 21, has a right to bring a claim or lawsuit against any person who knowingly causes such intoxication or impairment by unlawfully furnishing alcoholic beverages to that person knowing that the person was under 21 years of age.

Clearly, this section of law is aimed at owners of bars, restaurants, liquor stores, delicatessens, or mini marts who do not obtain proper identification from people purchasing liquor from them, and as a result of the sale of liquor to the minor, he or she is involved in a serious or fatal accident which is directly attributable to his or her intoxication. However, the language “assisting in procuring” addresses those that might illegally purchase alcohol for minors.

The second section, 11-101 of the General Obligations Law, states in relevant part that anyone who suffers personal injury or death due to the intoxication of anyone who was sold or furnished alcohol while “visibly intoxicated”, shall have a right to bring a claim or lawsuit against the person who sold or furnished the alcohol, for their injuries or death caused by the intoxicated person. This section relates to the sale or unlawful procurement of alcohol to a visibly intoxicated person of any age, who as a result of that intoxication causes physical or financial injury or death to another person. Further, there is a right to bring a claim for “exemplary”, or punitive damages, which are damages not meant solely for compensation of the victim, but rather to punish the wrongdoer who sold or furnished the alcohol to the visibly intoxicated person.

The third section is Article 65 of the Alcoholic Beverage Control Act, which prohibits the sale of alcohol to persons under the age of 21, to “visibly intoxicated” persons, and to “habitual drunkards known to be such to the person authorized to dispense any alcoholic beverages.”

When To Contact a Personal Injury Lawyer

If you have been in a car accident or in any situation where you have sustained injuries and you suspect that the at-fault person is under the influence, contact the police. Driving under the influence is illegal, and the police will want to launch their own investigation and may file criminal charges.

Regardless of whether criminal charges are filed, you need to consider your financial future. Whether you have been assaulted by someone under the influence, have been in a hit and run because a driver was intoxicated, or have otherwise been injured, you may suffer from:

• Head trauma.
• Back injuries and spinal cord injuries.
• Broken bones.
• Scarring and bruising.
• Internal injuries.

In the most serious of accidents, you may lose a beloved family member. In any of these situations, not only will you endure pain and suffering, but you may also face substantial medical bills, lost time at work, and other losses. Pursuing a compensation allows you to seek financial recovery for your losses, so you don’t have to worry about money at this difficult time.

Dram Shop cases are very fact-specific and often complex. As a result, it is critical that you retain a firm that has the requisite experience, background and knowledge to successfully litigate a Dram Shop case. An experienced attorney will make sure you don’t walk away from any potential compensation.

Why Contact The Law Office of Mark A. Siesel?

At The Law Office of Mark A. Siesel, we have been prosecuting Dram Shop cases since 1986 in the State and Federal Courts throughout New York State. For example, what defines “visibly intoxicated”? (Someone may be quite intoxicated and not show signs, or not be intoxicated, yet appear to be so, for example). What is a “habitual drunkard”, and what is the standard by which this is “known to be so” by the person authorized to dispense alcohol? Additionally, as Dram Shop insurance coverage is quite expensive, in our firm’s experience, a large majority of bars, restaurants and other establishments do not carry Dram Shop coverage. This can lead to a disclaimer of coverage by the defendant’s liability insurance company, and necessitate a careful asset check and investigation through the New York State Liquor Authority to determine the ownership of the bar or restaurant and the identity of possible defendants.

At The Law Office of Mark A. Siesel, our team represented clients throughout the State of New York over the last thirty-nine years who have suffered serious injuries in Dram Shop accidents, construction accidents, and injuries due to medical malpractice of defective products. Our goal is to maximize each client’s compensation for pain and suffering, past and future medical and hospital expenses, past and future lost earnings, loss of earnings potential, and the loss of the ability to perform activities of daily living.

In addition, our aim is to make sure you’re supported during what can be a very difficult time. We believe that the way we approach your case is just as important as the results we secure for you. You have been through enough and you deserve a legal team who will treat you with compassion, will actually care about your injuries and your needs, and will answer all your phone calls and email fast (we often reply the same day and always within 24 business hours). At The Law Office of Mark A. Siesel, our legal team stands out because of the way we treat you. While we’re a busy law firm, we’re never too busy for you. Our founder, Mark A. Siesel, will personally oversee your case from start to finish and will follow up with you so you always know exactly what is happening. Our clients often comment about the way that our approach brings them relief and comfort. In fact, Mark A. Siesel has remained friends with many past clients, remaining in their lives and cheering them on as they rebuild their lives.

When you’re injured, contact the knowledgeable and experienced lawyers at The Law Office of Mark A. Siesel for a free consultation to discuss your potential case. Contact us anytime at (914) 428-7386 or online.