As the summer concludes, there is nothing more satisfying than celebrating all of your hard work with your family and friends. During holiday weekends such as Labor Day, many people engage in activities that involve drinking. While there is nothing wrong with having a few drinks, it becomes a serious issue when intoxicated individuals get behind the wheel. Alcohol significantly impairs a driver’s critical capabilities, making it unsafe to operate a vehicle. Those who drink and drive can cause serious accidents. If you have been seriously injured in a drunk driving accident, it’s in your best interest to contact a determined Bronx Auto Accident Lawyer who can fight for your rights. Please continue reading to learn whether New York has Dram Shop laws and how they can impact your claim.
What is a Dram Shop Law?
If you have been injured by a drunk driver in New York during Labor Day Weekend, you may wonder who you can hold liable for the damages you have incurred. Generally, you can pursue legal action to collect compensation from the at-fault party. However, if they don’t have insurance or assets for payment, you may be able to file a claim against the person or business that provided the alcohol to the driver. Under certain circumstances, you may be able to take legal action against an establishment or a social host who furnishes alcohol to a person who later injures you. New York liquor liability laws make it illegal to sell alcohol to any person who is visibly intoxicated or a person who is under the legal drinking age of 21. It’s important to note that dram shop laws only apply to the sale of liquor. Selling alcohol to a third party who then furnished it to the intoxicated person isn’t sufficient. Therefore, if a drunk driver was overserved at a bar, you may be able to hold the business liable for your injuries.
Can I Hold a Labor Day Party Host Liable for a Drunk Driving Accident?
When it comes to social host liability, a person can only be held liable if they furnish alcoholic beverages to an underage drinker, meaning someone who is younger than 21 years old. Essentially, there is no liability under this law for those who provide alcohol to a person who is of the legal drinking age. It’s important to understand that unless the adult furnishes the alcohol to the minor, they will not face liability. If you succeed with a claim under New York’s Dram Shop or Social Host Liability Law, you can recover compensation for your economic and non-economic damages. However, you may also be entitled to receive punitive damages for the drunk driver’s gross negligence.
If you have been injured in a drunk driving accident over Labor Day Weekend, please don’t hesitate to contact a trusted Bronx auto accident lawyer from James Newman, P.C., who can help fight for your rightful compensation so you can heal and move on with your life.
