If you have been injured by a drunk driver, you are likely looking to pursue legal action. It is important to know that you may be able to recover compensation from the driver, but also from the person or business who served the intoxicated individual. Read on to learn more about DRAM shop laws and social host laws in New York.
New York DRAM Shop Laws
DRAM shop laws were put into effect in the state of New York to protect victims of drunk driving accidents. Under this law, it is illegal for a business with an alcohol license to serve an individual who is visibly intoxicated. Whether or not the individual is intoxicated is left up to the discretion of the server. Signs of intoxication can include slurred speech, glassy or bloodshot eyes, difficulty finishing sentences, incoherent speech, stumbling, falling, impaired fine motor skills, and more.
If the licensed establishment or individual continues to serve them, they can be held responsible for injuries and damages the person may cause in a drunk driving accident. This law is in place for taverns, bars, pubs, restaurants, and more. DRAM shop laws are applied under the following conditions:
- An employee of the establishment serves alcohol to a person who was visibly intoxicated
- The decision to serve the intoxicated customer directly caused injuries and damages
Social Host Laws
People who host parties in their homes can be held liable for the behavior of their underage guests who leave their event intoxicated. Under social host laws, if an underage guest consumes alcohol at an adult’s party and is involved in an accident, the host can be held responsible for serving the minor.
It is important to know that this is in effect even if the host was unaware that a minor was drinking at their event. Social host laws can be applied in the following situations:
- If a minor consumes alcohol at your party and is injured or killed in an accident
- If a minor consumes alcohol at your party and injures or kills someone else
If you or a loved one has been injured in a drunk driving accident in New York, reach out to our firm today. We will fight to recover the compensation you deserve.
Contact our Firm
If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.
