One drunken mistake can lead to a lifetime of pain and suffering. Usually, the driver bears the responsibility for drunk driving accidents. However, there are also times when many victims question if they can extend liability even further, particularly to a bar, restaurant, or establishment that served them alcohol before the accident. According to New York law, there are specific situations where establishments can be held liable, and these situations are referred to as “dram shop” claims. In this post, as your Queens car accident lawyer, we’ll explain how these cases work and what you need to know about protecting your right to compensation.
What is Dram Shop Law?
Dram shop law is the legal framework introduced under General Obligations Law Section 11-101 that can be used to hold bars and other establishments liable for damages and injuries caused by intoxicated patrons.Under this law, injured individuals have the right to sue the bar or establishment if they can prove the following elements.
- The unlawful sale of alcohol—The claimant must first show that the establishment served alcohol to a person who was under the legal age or was visibly intoxicated.
- Causation—Next, you must establish a direct link between the alcohol and intoxicated state and the injuries you have experienced. In essence, you must show that the alcohol was a major contributing factor to the accident.
- Damages—Once you have established the causation, you must then show that you have suffered damages and losses as a result of the actions of the intoxicated individual. The damages claimed can include medical bills and lost wages, as well as pain & suffering.
These claims and connections can be difficult to establish without help. That is why getting assistance from a Brooklyn car accident lawyer is a must.
What Evidence Can You Use in a Dram Shop Claim?
Like any other case, the success of your claim depends on the evidence you present. Here are some of the most vital pieces of evidence you can present to prove your claim.
- Medical evidence—medical reports can point to the extent of the injuries suffered and, importantly, the individual’s blood alcohol level at the time of the accident.
- Witness testimony – Statements from other patrons, bar employees, and security personnel can attest to your behavior and bearing when you left the bar.
- Recipients – When you pay for your drinks, there will be a paper trail for the drinks you’ve bought. This can also help determine how intoxicated you were at the time of the accident.
- Video footage – The bar and establishment will have CCTV footage. You can use them to look for visual signs of intoxication. It is arguably one of the most compelling pieces of evidence that can be presented.
- Expert evidence – The expert opinion of toxicologists can be useful to learn information about the person’s level of intoxication and ability to make rational decisions.
Conclusion
Drunk driving accidents can leave you with long-lasting physical, mental, and financial injuries. While the drunk driver is typically to blame for the incident, there are certain circumstances where bars and other alcohol-serving establishments can be held liable for damages. Establishing this liability is challenging and will require proper legal assistance.
If you’re in need of legal assistance in your fight for justice and compensation, Alex Yadgarov & Associates is here to help. We are widely recognized as one of the best car accident lawyers in NYC, and for good reason. We will fight the good fight and guide you through the challenges and help you secure the compensation you deserve. Get in touch with us via phone or email and schedule your free consultation.