New York is one of 30 states where liquor stores, bars and restaurants can be held liable for providing alcohol to people whose intoxication results in injuries or death. New York is also one of 22 states that have statutes that limit liability to establishments that served or sold alcohol to underage persons or people who were obviously intoxicated.
The law that relates to civil liability in these cases is called dram shop law. Here let’s discuss the rights that accident victims or their families have under dram shop law in New York.
New York dram shop law states that any person who is injured as a result of an underage drinker’s intoxication has a right to sue the person or establishment that unlawfully provided the alcohol. The injured victim may also have to show that the person who provided the alcohol should have known or had “reasonable cause to believe” that the underage drinker was younger than 21.