Does New York Have Dram Shop Laws?

Drunk drivers continue to cause serious crashes in Manhattan, and victims often struggle with various damages. They might face high medical bills, months of lost wages, and emotional distress during recovery. If you find yourself in this situation, you might wonder whether a bar or pub contributed to your crash by serving the drunk driver. Can you hold these bars accountable? What are New York’s “dram shop” laws, and can they help you pursue compensation in this situation?

What Are Dram Shop Laws? 

The phrase “dram shop” stems from the word “dram,” which was once a standard unit of measurement for spirits. Today, the phrase may refer to any establishment that sells alcohol – including bars, pubs, clubs, breweries, and restaurants.

Dram shop laws hold these establishments liable for contributing to accidents and injuries. For the most part, this involves car accidents – although it might also apply to slips and falls. The logic is simple: If an establishment contributes to a car crash by selling alcohol to a drunk driver in a negligent manner, they should become liable for any injuries suffered by victims.

What Are New York’s Dram Shop Laws? 

Each state handles dram shop laws differently, and New York is no exception. Some states have no dram shop laws at all, but New York’s are relatively strong. The Empire State’s take on this matter revolves around alcohol regulations, specifically prohibitions against selling to minors and people who are visibly intoxicated. For example, a bartender might sell alcohol to a minor without checking their ID. They might also sell alcohol to someone who is stumbling around and slurring their words.

If either of these people exit the bar and cause injuries while driving intoxicated, the bartender (and by extension the bar itself) would become liable for those injuries under New York law.

How Do I Prove Dram Shop Liability? 

Proving liability can be challenging in this situation. In order to recover compensation from a bar, you may need to prove that the driver was visibly intoxicated when they were served alcohol – and the definition of visible intoxication is somewhat vague. You might also need to show that the bar staff failed to check a minor’s ID. Your lawyer may be able to establish negligence in various ways – including checking the bar’s interior security cameras.

 Key Takeaways 

• Dram shop laws hold bars accountable for selling alcohol to drunk drivers
• Unlike some other states, New York has clear dram shop laws
• If you were injured by a drunk driver, it may be possible to sue a bar they visited

Can a Manhattan Accident Lawyer Help Me Get Compensation After a DUI Crash? 

A Manhattan accident lawyer may be able to help you pursue compensation after a DUI crash. Dram shop laws in New York may allow you to hold bars, pubs, and restaurants accountable for serving the DUI driver prior to your crash, and this may help you cover your damages. However, each crash is unique – and it makes sense to discuss your specific circumstances alongside an experienced lawyer. Contact Cohan Law, PLLC today to continue this conversation.

Sources: 

nycbar.org/get-legal-help/article/personal-injury-and-accidents/dram-shop/

nysenate.gov/legislation/laws/GOB/11-101