FAQs About Dram Shop Cases
What do you should know about dram shop cases
Dram shop cases hold owners of establishments accountable when they sell alcoholic beverages to visibly drunk customers or to minors.
Which New York laws are known as Dram Shop Law?
Alcoholic Beverage Control Law §65 is also referred to as the dram shop law. It states that it is illegal for any vender to sell, deliver or give away alcoholic beverages to individuals who appear intoxicated or are under the age of 21. Another law, General Obligations Law §11-101 enables a party injured by an intoxicated person to take legal action against the vendor if the person was visibly intoxicated. To do so, the injury victim must prove the person was visibly intoxicated when purchasing or procuring the alcohol. There must be reasonable cause between the intoxication and injury.
What are some signs of visible intoxication?
According to Medical News today
- Loss of coordination (stumbling, staggering or swaying)
- Flushed face
- Bloodshot eyes
- Speaking louder than normal
- Slurred speech
- Slowed reflexes
- Loss of consciousness
- Mood swings or personality changes (aggression or depression)
- Clammy or damp skin
What evidence can a lawyer use in dram shop cases?
Frequently, dram shop cases can be difficult to prove. However, eyewitness testimony is often effective in a dram shop case. While the bartender or server may say the party did not appear visibly intoxicated, other customers or patrons may disagree. If they testify that the individual appeared to be staggering, aggressive or slurring their speech, this type of evidence could convince the court of the establishment’s liability.
What types of accidents could be subject to dram shop law?
The most common type of accident is a drunk driving accident. In addition, if the drunk driver did not have insurance or the ability to compensate for injuries, bringing a dram shop case can be a source of compensation for a drunk driving accident victim.
If a visibly drunken patron assaults another patron in a bar or restaurant, there might be a legal basis for holding the establishment accountable in a personal injury case.
If you have been seriously injured in a drunk driving or other accident related to intoxication, you should seek a legal opinion. To arrange a free consultation, contact Fazzinilaw.com. Call us at 631-547-8989.