Can You File a Claim Against a Bar if They Overserve You and You Get Hurt in New York City?
Alcohol is an ever-present part of our lives. We have alcohol when we are celebrating, blowing off steam, or just relaxing. However, alcohol must be consumed in moderation, as drinking too much has historically led to accidents and injuries. Most people are concerned about their own safety and well-being if they become too drunk. However, someone’s drunken behavior could also put others at risk. If you are overserved by a bar or restaurant and end up getting injured, you can file a lawsuit against the bar for your injuries.
You can file a claim against a bar or restaurant for illegally overserving your alcohol if you sustain injuries as a result of your intoxication. However, it is not enough to prove that you were drunk, and the bar served you alcohol. The service of alcohol must be illegal. If the bar or restaurant overserved an underage or visibly intoxicated person, the bar or restaurant could be held liable for the injuries sustained.
If you were injured in an accident after being overserved alcohol at a bar, you might have a claim against the vendor that overserved you. Our New York City personal injury lawyers can help you determine if you have a case against a bar, restaurant, or another vendor for illegally overserving. Call The Carrion Law Firm at (718) 841-0083 for a free legal consultation.
Legal Action Against Bars When Patrons are Overserved in New York City
You may have a right of action against a bar or restaurant if you were injured because you were illegally overserved alcohol. While the bar or restaurant is not the direct cause of your injuries, they overserved you and strongly influenced your accident. These cases often cover plaintiffs who were injured in drunk driving accidents. These plaintiffs can sue the establishment that overserved them before they drove.
The laws that allow a person to take legal action against a bar or other establishment for overserving alcohol are known as dram shop laws. In New York, dram shop laws permit people injured after being overserved to sue the establishment that overserved them.
According to G.O.B. Law § 11-101, any person injured because of being overserved by a bar or other establishment may have a cause of action against that bar or establishment. This right also covers people who were injured because someone else was overserved. For example, if your friend is overserved alcohol at a bar before they pick you up in their car, and then you are both in an accident, you could sue because your friend was overserved.
However, you cannot sue just because you had too much to drink and decided to do something reckless like drive. The service of alcohol must have been illegal. Illegal service usually includes serving underage patrons or people who are visibly intoxicated. If you were injured in an accident after being overserved, talk to our Bronx personal injury lawyers immediately. If you had been illegally overserved, you might be able to sue the bar that overserved you.
Liability for Bars and Social Hosts Who Overserve in New York City
It might seem a little strange to sue a bar for overserving alcohol. Serving alcohol is the whole point of going to a bar. Not to mention, most people have probably had one too many at a bar with friends at some point in their lives. However, overserving patrons may become illegal if specific conditions are present.
According to A.B.C. Law § 65, certain sales of alcohol are prohibited. It is illegal to sell alcohol to underage patrons, already visibly intoxicated patrons, or habitual drunkards. When such sales are made, and the intoxicated patron goes on to injure someone else while drunk, that injured person could sue the bar for damages.
Similar laws apply to defendants who are not bars or restaurants but are instead social hosts. If a person is hosting a party and overserves a guest, the social host could be liable for injuries caused by the drunk guest. However, the law for social hosts is a bit narrower and only applies if the overserved guest is underage. Call our Queens personal injury attorneys if you believe you were illegally overserved before being injured in an accident.
Damages for Injuries Related to Being Overserved Alcohol in New York City
The damages in your case will depend on how you were injured. Damages can be economic and include financial expenses related to your accident. Medical bills, property damage, and lost wages can all be included. Damages may also cover non-economic or non-tangible losses. These damages do not have an exact cost but should still be compensated. Non-economic damages could include pain and suffering, humiliation, disfigurement, and other injuries and losses.
However, your damages could be reduced depending on your own degree of negligence. New York follows a pure comparative negligence rule and holds that damages are reduced in proportion to a plaintiff’s negligence. While you can sue a bar for illegally overserving you, your damages could be reduced if a court finds you became voluntarily intoxicated. This is very tricky because your voluntary intoxication must be balanced against the actions of the bar. Even if your intoxication was voluntary, the bar should not serve a visibly drunk patron or someone underage. An attorney will best be able to help you argue damages under these conditions.
Damages related to an alcohol-related accident can be hard to determine. Your damages are often more extensive than you initially think, as many people are unaware of the intangible damages they could claim. Call our Long Island personal injury lawyers for help.
Call Our New York City Alcohol Accident Lawyers
If you were injured in an accident after being served too much alcohol, you might have a valid claim against the vendor that overserved you. Our New York City alcohol accident attorneys can help you get compensation for your injuries. Call The Carrion Law Firm at (718) 841-0083 for a free legal consultation.