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Dram shop liability in New York

You take to New York’s streets in your vehicle every day knowing that the potential of you being involved in a car accident exists. Knowing this, however, does not make it any less frustrating if and when you actually are. Your frustrations may boil over if you later discover that the person who caused your accident was intoxicated at the time. Not only might you question why they chose to get behind the wheel in such a state, but also why an establishment or individual would assist them in reaching said state. That question has prompted many to come to us here at Rosenbaum & Rosenbaum, P.C. asking if they can hold such third parties liable for their accidents.

Dram shop laws allow vicarious liability to be assigned to people, parties, and businesses that provide alcohol to one who then drives drunk and causes a car accident. New York’s dram shop law can be found in Section 11-101 of the state’s General Obligations Law. Here it states that if you or your property suffer injury in a car accident caused by an intoxicated driver, you may have a cause of action against whoever provided that driver with alcohol if in providing them with it, said party violated the law.

Under this law, liability can be extended to bars, taverns, and restaurants that knowingly serve alcohol to patrons that they know (or should know) to be minors and well as those that are already visibly intoxicated. It may also extend to social hosts who provide alcohol to such parties at gatherings, or those who procure alcohol for minors.

You can learn more about assigning liability for your car accident by continuing to explore our site.

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