In New York City, bars, pubs, restaurants, and other places that are licensed to sell alcoholic beverages can be held liable if someone they have served injures another person.
For example, let’s say you’re driving near Jerome Avenue and 161st Street near Yankee Stadium and a car runs the light and slams into your car. It turns out that the other driver was a Yankee’s fan who was celebrating the team’s win at a nearby bar. You may be entitled to compensation from the other driver. In addition, the bar may be held liable for your injuries and property damage if:
- The other driver was intoxicated
- The bar sold or provided alcoholic beverages to the other driver
- The bar caused or contributed to the driver’s intoxication
- Auto accidents that result in injury to drivers, passengers, pedestrians, and property
- Fights or attacks on other patrons or people the customer may encounter after leaving the business
So, any establishment that serves alcohol may be liable for the actions of its customers. That includes both instances where the customer was injured and instances where the customer injured a third party.
Under New York City law, businesses may not serve alcohol to anyone who is “visibly intoxicated.” Generally, establishments are expected to determine intoxication by observing the customer’s behavior such as slurred speech, lack of coordination, bloodshot eyes, talking loudly, falling asleep, and other signs. If the business serves a visibly intoxicated person, they may be held liable for their customer’s behavior including:
Bartenders and other employees who serve patrons should be aware that they may not serve anyone who is visibly intoxicated or people who are known to be habitual drunks.
If you have been injured by an intoxicated person, contact a lawyer as soon as possible to determine if you should consider a lawsuit against an establishment that serves alcohol. If you own an establishment that serves alcohol, you should be sure that your staff is fully trained in New York City’s regulations pertaining to serving patrons that are intoxicated.
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The Law Offices of Evan W. Kohn has more than three decades of experience in personal injury law. We provide legal representation for personal injury victims in the Bronx and elsewhere in New York City. Call us at 718-409-5500 or contact us to schedule a free consultation. Se habla español.