What is the Liability of New York Bars in drunk driving accidents?

Drunk driving is a term that haunts us almost every single time we turn on the news. Drunk driving has still not been dethroned from being the biggest threat to public safety in America.

We are all quick to frown upon drunk drivers that got behind the wheel after having one too many and causing a ruckus, but the question we are asking today is – what about the establishments that served these drunk drivers? Should they also be held at least partly responsible for their customers that caused drunk driving accidents? Well, here is all the low down you need from some of the best New York drunk driving accident lawyers such as those from Jaroslawicz & Jaros.

You may never want to meet the lawyers from Jaroslawicz & Jaros but if you serve alcohol to someone who is clearly drunk and they drive off and hurt someone or something, you may be meeting them. If you need a New York drunk driving lawyer, based on the Dram Shop Liability laws or not, go right here: http://jaroslawiczandjaros.com/Attorney-Profiles/Abraham-Jaros.html. 

In the state of New York, there are some legal provisions in place that imply that following a drunk driving accident it is not solely the drunk driver that can be held responsible but also the bar, pub, restaurant (whatever the case may be) that served him alcoholic beverages. However, this is only true in certain specific situations.

This type of legal responsibility where a bar, pub, or alcohol server can be held for their customers drunk driving predicament is known as Dram Shop Liability in New York. In fact, since this law has been enforced in New York and has proven to be effective to a certain extent in curbing drunk driving accidents, some other states have passed similar legislation and more states are contemplating on whether to adopt such measures.

Dram shop liability in the state of New York

According to New York drunk driving accident attorneys, and some of the best in the business is from Jaroslawicz & Jaros, the law indicates that it is fully within the scope of a victim of a drunk driving accident to list the New York based bar that served alcohol to the drunk driver as a defendant in their personal injury or wrongful death lawsuit.

Bars, pubs, clubs, etc. are legally prohibited from serving alcohol to someone who is either clearly already too intoxicated or someone who has a reputation for being a habitual drunkard. Therefore, as per New York drunk driving accident lawyers, if the plaintiff in a drunk driving accident lawsuit is able to establish that a bar served alcohol to the drunk driver even though he or she was already visibly inebriated then there is a great possibility that they may receive substantial compensatory damages from the establishment that supplied or served alcohol to the defendant.

Underage drivers

New York drunk driving accident lawyers know that the Dram Shop Liability law is applicable in cases concerning drunk drivers under the age of 21. In fact, the burden of proof upon the plaintiff or victim in such cases is pretty minimal.

Bar owner’s responsibility is to the law and the public

The law is very straightforward. It is the duty of a bar/pub/club or any other type of establishment that serves alcohol (retail shops do not come under this criteria) to verify that they do not serve alcohol to minors. It is not hard to look at someone’s ID. In fact, it is the responsibility of the bar owner and so on to check someone’s ID. Who cares if you hurt their feelings? They are the asinine ones trying to break the law and believing you are too weak or pathetic to do your job.

If you are a victim of drunk driving make sure to speak with a lawyer as soon as possible to protect your rights. There is none better in the business than Jaroslawicz & Jaros.