Understanding New York’s Dram Shop Laws: Holding Bars and Restaurants Liable for Drunk Driving Accidents

The New York State dram shop law gives victims a way to hold alcohol-serving businesses accountable when their actions contribute to a drunk driving crash. These laws make it illegal for establishments to serve or sell alcohol to a visibly intoxicated person. If that person later causes a crash, you may pursue a claim against both the driver and the business that overserved them under dram shop liability laws.

What Are New York’s Dram Shop Laws?

New York’s dram shop law discourages reckless alcohol service and offers a path to compensation for injured victims. The law is straightforward. When a business profits from serving alcohol, it must take reasonable steps to avoid serving a patron who’s clearly drunk. If they do, and a drunk driving crash results, you may be able to recover compensation from the establishment as well as the driver.

New York Dram Shop Law: Who Is Liable?

New York’s dram shop law can apply in several situations, depending on where and how the alcohol was served, as explained below:

• Bars and Nightclubs Serving Alcohol – Bars and nightclubs have fast-paced service and crowded spaces. Staff must pay close attention to signs of visible intoxication, like slurred speech, unsteady movement, aggressive behavior, or difficulty focusing.
• Restaurants and Catering Services – These businesses often serve alcohol in social settings, such as weddings or corporate events, where guests may be overserved without anyone noticing. The law can apply when a server or manager keeps the drinks flowing for someone who’s clearly impaired.
• Liquor Stores or Other Establishments Selling Alcohol – Dram shop liability isn’t limited to businesses serving drinks on-site. Liquor stores, grocery stores, and other alcohol retailers may be held liable if they sell alcohol to someone who’s visibly intoxicated or under the legal drinking age. Even though the person takes the alcohol elsewhere to drink, the sale can still create liability if the business should have recognized the danger.

An experienced personal injury attorney from Scott C. Gottlieb Injury Law Attorney can evaluate your situation and explain whether you can file a dram shop liability claim.

Time Limits and Legal Deadlines in New York

Dram shop liability cases come with strict deadlines. You generally have three years from the date of the crash to file a personal injury lawsuit. The sooner you can file the case, the better. Evidence can disappear quickly, especially proof that the driver appeared visibly intoxicated before the sale. Security video may be deleted, staff may forget details, and receipts can be lost.

Some dram shop lawsuits may involve additional deadlines, especially when insurance companies are involved or when the crash resulted in wrongful death.

Role of a New York Drunk Driving Attorney in Dram Shop Cases

Dram shop cases typically require an experienced personal injury lawyer. An experienced attorney can investigate and gather evidence that you need to prove how the establishment served alcohol to an intoxicated driver who caused the car accident. This legal process often includes interviewing witnesses, collecting security footage, and working with experts.

An attorney can also handle and communicate with the insurance companies involved. Businesses often carry multiple lines of insurance, and those carriers may deny responsibility or argue that the driver alone caused the crash. Your attorney can challenge those arguments and fight to hold every responsible party accountable to the full extent allowed under New York law – not just the impaired driver.

Learn About Your Legal Options Under the New York Dram Shop Law

If you were hurt by a drunk driver in New York and believe a bar, restaurant, or alcohol-selling business contributed to the crash, Scott C. Gottlieb Injury Law Attorney can help. We represent clients throughout Binghamton and the surrounding New York communities. Contact us today for a free consultation.