Drunk driving is a severe problem in the United States, causing more than 17,000 deaths annually. This tragic statistic translates to approximately 310 funerals each week. In New York State alone, slightly more than 30% of fatal crashes are alcohol-related.
New York's Dram Shop Act, known as New York General Obligations Law §11-101, allows individuals who are injured as a result of another person's intoxication to take legal action. Specifically, against the party that unlawfully sold or assisted in procuring liquor for such an intoxicated person.
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Commonly, whoever directly caused the accident will be held liable. But in the case of New York's Dram Shop law, the establishment that failed to recognize the conditions under N.Y. Alc. Bev. Cont. Law § 65 may also be held accountable for the damages to the victim. The conditions are as follows:
| 1. Any person, actually or apparently, under the age of 21 years; 2. Any visibly intoxicated person; 3. Any habitual drunkard. |
The last condition may be identified as known to the person authorized to dispense any alcoholic beverages. To identify an individual who is visibly intoxicated, you can look for these common signs:
| - slurred speech - a weaving, staggering, or uneven gait - loss of balance and coordination - stumbling and falling - passing out or difficulty remaining conscious - a strong odor of alcohol - repetitive speech patterns, and - belligerence, aggressiveness, or other emotionally inappropriate behavior. |
If an establishment fails to recognize signs of intoxication and continues to serve alcohol to a visibly intoxicated person, it may be held liable for any accidents or injuries caused by that intoxicated individual.
Compensation Determination in Dram Shop Cases
The court will consider the relative culpability of the intoxicated driver and the establishment. New York follows a "pure comparative negligence" rule, meaning liability can be apportioned based on each party's fault. This comparative negligence approach ensures that liability is allocated fairly based on each party's level of responsibility.
In some cases, the comparative negligence rule may also consider the victim's fault. If the victim is found to have contributed to their injuries, their recoverable damages may be reduced accordingly.
Recoverable Damages in New York Dram Shop Law
Once your lawsuit has been proven and the liable parties have been held responsible for their negligence in a drunk driving accident, you may be entitled to claim for the damages incurred, such as:
- Your doctor, hospital, rehabilitation, and other medical expenses
- Lost wages and benefits
- Amounts you pay for replacement household and child care services
- Other out-of-pocket payments related to your injuries and treatment
- Pain and suffering
- Emotional distress and
- Disability and disfigurement.
You can also be awarded punitive damages in a claim under New York's dram shop law. Punitive damages, also known as exemplary damages, are awarded separately from the actual damages from an event. They are usually only granted in cases brought under tort law, such as personal injury in excess of provable injuries.
Get Compensation After a Drunk Driving Accident in New York
Our seasoned personal injury lawyers can always lend their hand.
Speak to a Personal Injury Lawyer Today
With a proven track record of success, the Porter Law Group has helped countless clients recover millions* of dollars in damages related to drunk driving accidents. We have the knowledge, skills, and resources to investigate your case thoroughly, gather compelling evidence, and build a strong argument.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
