Liability for Providing Alcohol

Bars, restaurants and any person providing alcohol can be held responsible for plaintiff’s injuries caused by another patron for the unlawful sale of alcohol when he was visibly intoxicated.  The injuries can be caused by a car accident, assault or even falling on the plaintiff.

General Obligations Law §11-101 (the "Dram Shop Act") states:

                Compensation for injury caused by the illegal sale of intoxicating liquor:

                                    1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.

In McGovern v. 4299 Katonah Inc., 5 A.D2d 239, 773 N.Y.S.2d (1^st Dept. 2004), the plaintiff was injured when an allegedly intoxicated patron fell on top of her.  The Court held that the defendant must “negate the possibility that it served alcohol to a visibly intoxicated person” to be successful on a motion to dismiss a claim brought under the Dram Shop Act.  The Court denied defendant’s motion for summary judgment because the plaintiff offered evidence that one hour before the incident the other patron was seen drinking in the bar and stumbling around. 

It is well settled that the issue of whether the defendant provided alcohol to a visibly intoxicated patron is for a jury to determine at the time of trial.  In Zambrano v. Bobola, 2008 N.Y. Misc. Lexis 3730, 239 N.Y.L.J. 119 (NY County, 2008), the Court held that the defendant must eliminate material issues of fact to prevail on a motion to dismiss.  “A claim under the Dram Shop Act may be established through circumstantial evidence, including the testimony of eyewitnesses.  It is for the jury to decide the issue of fact whether [the defendant] continued to serve drinks to a visibly intoxicated patron.” 

So remember, you may be held responsible for a car accident, assault or other drunken antics of your guests.