At many parties and get-togethers, serving alcohol to the guests is one of the host’s many duties. While most hosts trust their guests to handle themselves, a guest may drink too much and get behind the wheel of their car. Unfortunately, an overserved party guest is likely to get into an accident and severely injure others. Understanding whether the party host can be held liable for the victim’s injuries is critical for protecting your rights in the event of an accident.
If you have suffered injuries in a drunk driving accident, do not hesitate to contact the experienced attorneys at the Law Office of Cohen & Jaffe, LLP. Our trusted attorneys understand the complexities of New York’s dram shop and host liability laws and can apply their experience and skills to your case. When you retain our services, we will investigate every detail of your case and help you determine the best path forward.
Are Hosts Liable for a Drunk Driving Accident if They Over-Serve Their Guests?
Most states, including New York, have social host liability laws to hold private hosts accountable for overserving their guests. Even if the party host kept serving alcohol to a visibly intoxicated guest, they may only be held accountable for a drunk driving accident in certain circumstances.
If the party host served alcohol to an underage guest, you may be able to hold them liable for the drunk driving accident and the victim’s injuries under New York Law. However, this rule does not apply to adult guests. If someone over the legal drinking age caused your accident, the party host cannot be held accountable for your losses. An experienced attorney can analyze every detail of your case to determine how New York’s social host laws apply to your case.
New York’s Dram Shop Laws Explained
The liability laws differ if a bar or restaurant served the drunk driver rather than someone’s home. New York’s dram shop laws allow victims of drunk driving accidents to hold alcohol vendors liable for their injuries and other losses. In addition to being held responsible for serving underage guests, they may also be held liable for overserving a visibly intoxicated guest.
It is also important to note that both the dram shop and host liability laws apply to pedestrians as well as drivers. For example, suppose a drunk pedestrian punches another person or walks into the street, causing an accident. In that case, the bar or restaurant may be held liable if they overserved the pedestrian. At the Law Office of Cohen & Jaffe, LLP our attorneys are well versed in New York’s dram shop laws and can help ensure each liable party is held fully accountable for your injuries and other losses.
Contact an Experienced Car Accident Attorney at the Law Office of Cohen & Jaffe, LLP
Drunk driving accidents often cause severe injuries that can significantly impact the victim’s life. If you’ve been injured in a drunk driving accident in New York, you deserve to recover compensation for the full extent of your losses. At the Law Office of Cohen & Jaffe, LLP, our attorneys understand that no two drunk driving accident cases are alike and will tailor their approach to your unique case. We are dedicated to advocating aggressively for our client’s rights and holding drunk drivers and other liable parties fully accountable for the losses they have caused.
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