Most U.S. states have enacted a dram shop law of one kind or another and the Empire State is no exception. New York’s Dram Shop Act affords individuals who sustained injuries as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided or assisted in providing, the alcohol to the intoxicant. In other words, if you sustained injuries through the wrongful behavior of another person, you may have the ability to assert a personal injury claim against that person. If you have sustained injuries due to a drunk driver, please read on, then contact an experienced car accident lawyer in Queens to learn what you should know about dram shop laws in the state of New York.
What do New York dram shop laws cover?
The Empire State allows for those injured by drunk drivers to file suit against the vendors who sold them alcohol as well as the social hosts who provided them with alcohol. However, in order to qualify, the following conditions must be met:
Dram shop law:
- The vendor provides alcohol to someone who is underaged
- The vendor provides alcohol to someone who is already visibly intoxicated
Social host liability law:
- A social host provides alcohol to someone who is underaged and who subsequently causes injuries
Unfortunately, those who have been injured as a result of a social host’s negligence have a very narrow scope by which they can hold them liable. If social hosts serve alcohol to visibly intoxicated guests who are of legal age, they may not be subject to New York state law.
Please note that those who sustained injuries due to a drunk driver anywhere in the state of New York have 3 years, from the date of the accident, during which they can file a personal injury claim. That is why you should reach out to one of our skilled Queens personal injury attorneys to discuss what your next steps should be.
What compensation can you pursue in a New York dram shop claim?
Victims of drunk drivers in New York can pursue the following damages:
- Medical bills
- Lost wages
- Lost or diminished earning capacity
- Property damage
- Assistive services
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
- Damaged reputation
- Intended to punish a driver for malicious, fraudulent or grossly negligent behavior.
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The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.