New York State has a Dram Shop Act which is intended to protect parties who have consumed alcohol and continue to be over-served by bars or restaurants.
Pursuant to the New York State Dram Shop Act, a commercial establishment can be held liable for acts of their intoxicated customers. Dram Shop actions are extremely difficult cases to prove. The following elements must be demonstrated for a successful Dram Shop action:
1. The defendant establishment provided alcohol to an intoxicated person.
2. The alcohol was provided to someone who was already visibly intoxicated.
3. The injury in question was caused by the defendant’s intoxication.
If you have questions regarding a possible Dram Shop action, please feel free to contact us for a discussion of the specific facts of your case.