Navigating the aftermath of a drunk driving accident in New York can be incredibly challenging, especially when considering the state’s unique dram shop and social host liability laws. These laws can hold establishments and individuals accountable for serving alcohol to visibly intoxicated patrons or guests who then go on to cause a collision. Understanding your rights and the legal avenues available is crucial, and securing the guidance of our experienced Westchester County Drunk Driving Accident Attorneys can make a significant difference in seeking justice.
What Are New York’s Dram Shop Laws?
First and foremost, dram shop laws hold commercial establishments such as bars, restaurants, or liquor stores liable for injuries caused by an intoxicated patron. When an establishment serves alcohol to an individual who is visibly drunk or under the age of 21, and that person causes harm, this law applies.
If you have been injured by a drunk driver in New York, it’s important to understand that you can sue both the drunk driver and the commercial establishment. For a successful claim, you will need to prove that the establishment served the driver alcohol despite knowing they were visibly intoxicated or underage, and that this over-serving was the direct cause of your injuries.
Driving under the influence is illegal. As such, it establishes “negligence per se,” meaning you don’t bear the burden of proving that the other driver was negligent in the traditional sense. Instead, you only have to establish that they were intoxicated and caused the collision. An attorney can help you gather evidence, like video footage of the patron being served while visibly intoxicated.
What is Social Host Liability in New York?
While dram shop laws focus on commercial establishments, social host liability extends to private individuals who furnish alcohol at social events. In New York, social host liability has specific limitations but can be invoked when an adult intentionally furnishes alcohol to an individual under the age of 21, and they subsequently cause an accident or sustain an injury. Common situations that can lead to social host liability include parents allowing teens to drink during a party, homeowners hosting a graduation where minors can access alcohol, or adults buying alcohol for underage guests who later get behind the wheel.
If you have been injured by a drunk driver, you may be able to hold the social host of a party if they knowingly served alcohol to someone under the age of 21 or a visibly intoxicated guest. Nevertheless, they are not automatically liable for serving alcohol at their social gathering. The liability of a social host depends on whether they knew or should have known that the guest was underage or visibly drunk and that their impairment could lead to harm.
Drunk driving cases in New York often involve intricate legal precedents and require a thorough understanding of state-specific laws. By connecting with an attorney at Hausman & Pendzick, you can ensure that your rights are safeguarded, all responsible parties are identified, and you receive the compensation you deserve. Connect with our firm today to schedule a consultation.