Dram Shop Claims
Restaurant or bar owners can be held liable for serving alcohol to minors or an individual who is visibly intoxicated. If your waitstaff or bartenders serve a minor or someone who is visibly drunk, and that person causes an accident or gets into a fight, your restaurant may be held responsible for the injuries or personal property damage caused by the drunk patron. A Dram Shop Claim can be devastating to a restaurant, bar or tavern. It is important to train your waitstaff and bartenders to recognize signs of intoxication including, but not limited to, slurred speech, bloodshot eyes, aggressive behavior and lack of physical coordination.
New York State’s Dram Shop Law requires:
- That the defendant causing the injury was intoxicated.
- That the employee who served the alcohol knew or should have known that the defendant was visibly intoxicated.
- That the served alcohol caused or contributed to the defendant’s intoxication.
The legal liability under New York’s Dram Shop law is not limited to vehicular accidents but may include incidents where the patron engages in a fight or attacks an innocent bystander.
It is important to obtain an attorney as close in time to the incident so that adequate and proper investigation can be performed to preserve evidence to support your claim. Tiveron Law has handled many Dram Shop claims and can help you advocate your claim and assist you with representation under New York laws.