Sometimes, when an individual is driving under the influence of alcohol, they are coming from a bar, restaurant, or another establishment that served them alcohol. In the unfortunate event that the person’s decision to drive under the influence of alcohol resulted in a serious accident that caused injuries or fatalities, the driver needs to be held accountable for his or her actions. That being said, it is important to note that New York State also has laws that can hold the establishment that served the intoxicated individual alcohol accountable. These are known as dram shop laws and they allow an injured party to bring a civil lawsuit against the establishment or vendor.
Establishing proof in a dram shop case is not always easy. The plaintiff is required to provide evidence that:
- They were injured by an individual who was intoxicated
- The intoxicated person was sold alcohol either under the age of 21 years old or they were already visibly intoxicated at the time of the person
- The sale of alcohol contributed to the accident
It may be difficult to prove that the individual was visibly intoxicated. Therefore, it is important to retain the services of an experienced personal injury attorney who can help you with your case.
The Law Office of Richard M. Kenny is committed to representing clients throughout New York City who have been injured due to the negligence of another party. If you are the victim of someone else’s negligence, contact our firm today for strong legal representation when it matters most.