driver as well as any innocent victims. Tragically, many fatal drunk driving
accidents could have been avoided had the driver not been intoxicated
when they decided to get behind the wheel. While the driver who voluntarily
becomes intoxicated and chooses to drive is primarily responsible for
the resulting injuries of a traffic accident they negligently caused,
do other parties share liability with the intoxicated driver? This article
discusses New York laws that establish liability for damages caused by
drunk driving accidents.
Liability of Liquor Sellers
Under Section 11-101 of New York’s General Obligation Laws, the owner
of a restaurant, bar, or tavern may be held liable for injuries that result
from a drunk driving accident involving someone to whom they served an
alcoholic beverage. This law is also referred to as the Dram Shop Act.
Under the New York Dram Shop Act, an injured victim must prove 4 elements
to hold sellers of alcohol liable for serving alcohol to the at-fault driver:
- Unlawful sale;
- Of alcohol;
- To an intoxicated person, who;
- Caused their injury.
However, if the injured plaintiff was a passenger of the intoxicated driver’s
vehicle, they may not recover damages if they caused, procured, or encouraged
the driver’s intoxication. An injured drunk driver does not have
a right to recover damages from a liquor seller. However, the parents
of the intoxicated driver may bring a claim under the Dram Shop Act. The
defendant liquor seller may not claim that the drunk driver’s negligence
contributed to their injury.
Proof of Intoxication
Liability under the Dram Shop Act requires the plaintiff to prove that
drunk driver was visibly intoxicated when the defendant liquor seller
served them alcohol. Security footage from the liquor-selling establishment
and eye witness testimony can be used to show the drunk driver’s
level of intoxication.
Liability of Social Hosts
In general, social hosts have a duty to control third parties if they had
an opportunity to do so and knew, or should have known, that they exercising
such control was necessary to prevent foreseeable injuries. Thus, a person
who hosts a party and provides guests with alcoholic beverages is liable
for injuries caused by an intoxicated guest. Social hosts are also liable
to intoxicated minors who injure themselves. However, a voluntarily intoxicated
adult may not sue the social host who provided them with alcoholic drinks.
However, the social host’s obligation to control an intoxicated guest
does not extend beyond the host’s property. Furthermore, a social
host does not have a duty to prevent drunk guests from leaving the premises.
Injured by a Drunk Driver? Koenigsberg & Associates Law Offices Can Help
If a drunk driver injured you or a loved one, you should consult the professional
legal advice of a Brooklyn drunk driving accident attorney with experience in
car accident injury cases. At Koenigsberg & Associates Law Offices, we have more than 2 decades of experience litigating personal injury cases, including drunk driving accident cases. We are dedicated to zealously advocating for your right to hold the party
responsible for causing you or your loved one’s injury accountable
for their actions – whether they are a bar, restaurant, or individual.
For more information, please call Koenigsberg & Associates Law Offices
at (718) 690-3132 or contact us online today!
