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Injured by the Negligence Of A Drunk? The Bar Owner May Be Responsible.

Topics Covered

• You're Hurt In a Car Crash, By Someone Driving Drunk
• What the Law Says
• Reported Cases: When You Can and Cannot Recover an Award

See some of the awards we've won for clients.

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1-888-484-5529


You're Hurt In a Car Crash, By Someone Driving Drunk

It's 2:00 o'clock in the morning and you're in the back of a cab that you were lucky to get at this time of the day. You're on the way home, you're tired, and you are looking forward to sleeping a little bit later on this, your day off. The driver turns a corner and suddenly, you are blinded by two headlights connected to a car being driven on the wrong side of the road. There is a crash. Your entire life has been changed for the worse.

Later, you learn that this car had been driven by a 17-year-old who failed the Police blood test for alcohol content. The young man had been drinking all night at a local Bar in the hours prior to the accident, the bartender having continued to serve him, even though it was obvious to all that he was drunk. This driver does not have sufficient insurance coverage to adequately compensate you for your injuries.

What the Law Says

There is a Law in effect in the State of New York which holds the Tavern owner responsible for damages occasioned by the selling of alcoholic beverages to an intoxicated person who causes injury or death ( Section 11-101 of the General Obligations Law ). This Law provides that any person who shall sustain a injury by reason of the intoxication of any person, shall have the right to sue that person engaged in selling to or assisting in the procuring of liquor to an intoxicated person. The Law gives the injured person the right to sue and recover money damages for both actual losses and such damages which "punish" the seller. This Law makes the seller of liquor responsible, if he "contributed" to such intoxication.

Thus, the Bar-owner's conduct need not cause the accident to make him responsible -- it's enough to show that serving the liquor contributed to the person's intoxication. A purpose of this Law was to provide a remedy to persons injured by reason of the violation of Laws dealing with the prohibition of sales of liquor to intoxicated persons or to minors ( Alcohol Beverage Control Act ).

It must be understood that this Law creates a separate and distinct "right" to sue and recover by a third person, who is injured by reason of the acts of an intoxicated person against the person who sold the liquor. It does not create any new right on behalf of the person who became intoxicated as the result of the sale.

The Law permits the spouse, child and parent of the injured person to sue and recover. However, the person who sold or assisted in the sale cannot recover.

Reported Cases: When You Can and Cannot Recover an Award

In one reported case, a wedding guest who was a passenger in a car driven by another intoxicated guest and was injured in a one car accident, was permitted to recover against the Hall owner where it was found that alcohol had been served to this intoxicated person and his intoxication contributed to the cause of the accident.

However, in another case, the injured person's case was dismissed where it was shown that he had bought a drink for his brother who was intoxicated, his brother having later been involved in a car accident. Thus, if the injured person contributed or caused the intoxication, he cannot recover any award.

The Law has created a very important right to recover on behalf of accident victims who have been injured by reason of the acts of intoxicated persons, against the seller of liquor. If you have been a victim, I suggest that consideration be given to the possibility of bringing a claim against the seller of alcohol, if the facts warrant.

A knowledgeable Attorney should investigate the facts and circumstances of the accident involving an intoxicated person to determine if there exists sufficient evidence to justify the bringing of Case against the seller of alcohol to an intoxicated person.

Automobile accidents can cause devastating injuries, leaving victims temporarily or permanently disabled. Sometimes the medical bills arrive before a car crash victim has left the hospital. An extended recovery can mean many lost weeks of work. At Trolman, Glaser and Lichtman, we let our clients recuperate from their accidents while we work hard to get hem the money they need and deserve. See some of the awards we've won for clients.

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