Staten Island Dram Shop Lawyer
Injured in a Drunk Driving Accident? Was the Driver Leaving a Bar or House Party? Learn Your Rights from Our Staten Island Dram Shop Lawyer
Drunk driving continues to be a significant public safety concern in the United States, causing thousands of fatalities and injuries each year. Our Staten Island dram shop lawyer knows that, despite ongoing efforts to reduce alcohol-impaired driving, statistics from the National Highway Traffic Safety Administration (NHTSA) indicate that there are over 13,500 fatalities every year due to alcohol-related traffic accidents. Other statistics from the NHTSA indicate that drunk driving accounts for roughly one-third (33%) of all traffic accidents. Unfortunately in New York, drunk driving incidents have continued to increase by over 30% in recent years – resulting in over 7,000 alcohol-related accidents. The New York State Police indicate that almost one-third (33%) of all New York motor vehicle accidents involve alcohol-impairment and result in over 300 fatalities each year.
More locally in New York City, alcohol-related crashes have increased by over 60% over the last three years. Unfortunately, survey results revealed that Staten Island had the largest percentage of teen drivers who reported that they had driven a vehicle while they had been driving alcohol out of the five boroughs. Indeed, New York has created what are known as “dram shop” laws that help to prevent further drunk driving accidents. This includes creating liability for third-parties who provide alcohol to visibly intoxicated drivers who end up operating a motor vehicle and causing a crash. It expands beyond just bars and restaurants too, which can help victims and their families hold more than just the defendant liable.
Here at the O’Connor Personal Injury Law Firm, our experienced Staten Island dram shop lawyer knows that even straightforward drunk driving cases can be very difficult when a defense counsel or insurance adjuster refuses to play fair. This includes then they disclaim liability or force a victim to prove that he or she was not at fault for a crash. That’s why our compassionate legal team offers free consultations to help others learn more about their rights to compensation under New York law.
What are Dram Shop Laws in New York?
Dram shop laws are statutes that hold alcohol-serving establishments liable for injuries or damages caused by their intoxicated customers. Under New York General Obligations Law section 11-101, establishments cannot sell alcohol to a visibly intoxicated person. If they knowingly did serve alcohol to a visibly intoxicated person, and that sale contributes to the person’s intoxication which later causes injuries to a victim, the establishment may be liable for the victim’s injuries. This law applies to bars, restaurants, nightclubs, liquor stores, and other related establishments.
Even though there are drunk driving laws, dram shop laws are designed to encourage responsible serving practices and provide an additional avenue for victims of alcohol-related incidents to seek compensation. By holding establishments accountable for over-serving patrons or serving minors, dram shop laws aim to reduce the incidence of drunk driving and other alcohol-related harm in car accidents. They also give victims and their families another means to recover compensation against a defendant, especially where a drunk driver might have a limited policy or assets to cover the serious damages caused to a victim.
Unfortunately, even where liability and damages appear to be significant, dram shop cases are still hard to prove because there are many aspects to these types of cases that can be defended with various tricks and tactics that defense lawyers and adjusters will use. Further, these cases often require an investigation into the establishment, and what witnesses may have observed when the defendant was being served alcohol and whether the defendant was visibility intoxicated. As a result, victims and their families must retain a skilled Staten Island dram shop lawyer to handle the case for them.
Dram Shop Laws and Social Host Liability in New York
As an off-shoot of dram shop laws, New York also has social host liability laws that are aimed at preventing underaged drinking and overserving by homeowners. Under New York General Obligations Law section 11-100, an individual may be liable if they serve alcohol beverages to an underage drinker that resulted in their intoxication and which contributed to an accident causing personal injuries to a victim.
These cases are harder to prove then dram shop cases, because the mere fact that an adult is present at a party does not mean that they served an underaged person. Thus, the law requires that there is knowledge that they served an underaged person the alcohol. Meaning that it is not enough that an underaged person left a house or a party intoxicated, as that individual could have stolen or snuck alcohol. Therefore, victims must hire an experienced Staten Island dram shop lawyer to help prove this type of case.
Common Examples of Dram Shop Liability
Dram shop liability can arise in various scenarios in Staten Island car accidents. Although these cases are sometimes very clear, establishments will often fight back on these cases for several reasons. First, many will argue that it is unfair that a customer’s negligence in causing a car accident should result in financial harm for them. Second, some will fight to protect their insurance policy and out-of-pocket expenses to not have to also pay a victim for injuries. Finally, and probably most importantly many establishments who are found liable in a dram shop civil case may lose their liquor license or face criminal penalties. Therefore, these cases are often fiercely defended and an experienced Staten Island dram shop lawyer is needed.
Some of the most common examples of dram shop law cases that could result in liability with the help of a lawyer like ours at the O’Connor Personal Injury Law Firm include the following:
- Over-serving visibly intoxicated customers: When a bartender continues to serve alcohol to a customer who is clearly intoxicated, and that customer later causes a car accident.
- Serving alcohol to minors: If a liquor store sells alcohol to an underage individual who then injures someone while driving under the influence.
- Failing to intervene: When bar staff do not take reasonable steps to prevent an intoxicated customer from driving, such as calling a taxi or contacting law enforcement, it could result in liability if they had been serving that customer.
- Promoting excessive drinking: Establishments that encourage binge drinking through promotions like all-you-can-drink specials may be held liable for resulting injuries if their customers then leave and cause car accidents.
- Inadequate training and education: If an establishment fails to properly train its staff in responsible alcohol service, leading to over-serving and subsequent harm, it could result in civil and criminal liability.
In each of these cases, the alcohol-serving establishment may be held partially responsible for injuries or damages caused by the intoxicated individual who harms an innocent person in a motor vehicle accident.
Proving a Dram Shop Case in Staten Island
The key to proving a dram shop law case under New York law is proving that the at fault bar patron or drunk driver was visibility intoxicated when the establishment continued to serve them. Although it helps if a bar patron or drunk driver may have been underage or if a bar did not stop a drunk driver from driving away, the most important part of these cases is proving that the establishment served the bar patron or drunk driver while he or she was visibility intoxicated.
Although there is no specific definition of what constitutes a visibly intoxicated person, the decisional law (judge-made law) establishes a pretty reasonable definition that most of us would know from common sense experience. Some of the most common considerations when determining if an individual is visibility intoxicated include the following:
- Slurred speech
- Falling, stumbling, tripping, or difficulty walking or moving around
- Uneven gait, including swaying, weaving, staggering, or otherwise not steady
- Falling asleep or passing out, difficultly remaining awake
- Red eyes that are glassy and wet
- Red face or skin, appearance of being flushed
- Strong odor of alcohol
- Loss of balance
- Reduced coordination
- Vomiting or nausea
- Odd speech, repetitive speech, incoherent speech
- Emotional swings or mood swings
- Aggressiveness or inappropriate behavior, and
- Other signs that an individual is intoxicated and under the influence of alcohol, otherwise being a danger to operate a motor vehicle.
Proving that an individual is being served while being visibility intoxicated can require many interviews and investigations of surveillance at a bar or restaurant, which means victims need to hire an experienced Staten Island dram shop lawyer to ensure their rights to compensation are protected.
Injuries from Dram Shop Cases
Dram shop cases often involve severe injuries due to the nature of alcohol-related incidents. Common types of injuries in these cases that the O’Connor Personal Injury Law Firm can handle for you include the following:
- Traumatic brain injures
- Spinal cord injuries
- Broken bones
- Amputations
- Burn injuries
- Neck injuries or back injuries
- Dislocations
- Separations
- Organ injuries
- Blindness
- Spinal fusion surgeries
- Compression fractures
- TMJ
- Orbital blowout fractures
- Loss of sense of smell, taste, and hearing
- Significant scarring or disfigurement
- Nerve injuries
- Wrongful death, and
- Any other types of serious personal injuries that were caused by a negligent drunk driver who had been overserved by an establishment or an underaged driver served by an establishment or household.
Not Sure If You Have a Dram Shop Case? Call Our Staten Island Dram Shop Lawyer at the O’Connor Personal Injury Law Firm for Help
Dram shop cases are very difficult because, after a drunk driving accident, most people do not think to look beyond the egregious actions of a drunk driver. However, dram shop laws play a vital role in promoting responsible alcohol service and providing recourse for victims of alcohol-related incidents. With the increase in drunk driving cases, holding establishments that are profiting off of alcohol sales by overselling and taking advantage of customers is only fair to help keep our roads safe.
That’s why if you or a loved one were seriously injured in any type of drunk driving accident in New York, call our Staten Island dram shop lawyer for a free consultation We will thoroughly investigate your drunk driving accident case, but also look beyond just the negligent driver and see what other entities may have been responsible for your life-changing injuries. In doing so, we will seek to hold all defendants liable for your injuries – including the drunk driver or alcohol-serving establishment.
To learn more about how we can help you, call to schedule your free consultation and case evaluation by dialing (866)-927-3809 or by sending us an email through our “Contact Us” box available here. There is no cost to learn more about your rights to compensation under New York law, and we only get paid our legal bills after we recover compensation for you and your family in a settlement, verdict, or another type of award. Call today to get started together with our compassionate and knowledgeable personal injury law firm and legal staff.