Dram Shop

Can a bartender or server be held liable in New York for overserving patrons, resulting in injury or death? 

New York laws and regulations are particularly stringent in protecting its citizens from the deadly effects of alcohol. From the initial licensing process, to the Dram Shop Act, there are a number of ways in which a bartender, restaurant, or other for-profit establishment can run into hot water when implementing alcohol service. Fortunately, working with an established and experienced New York restaurant and bar lawyer can help businesses protect themselves and remain aware of the evolving New York laws applicable to the issue.

New York Establishment Loses Liquor License Following Fight

In May, 2015, a Newburgh, New York restaurant and conference center found itself in the aftermath of an alcohol-fueled parking lot scuffle that not only resulted in several arrests, but led to the indefinite suspension of its privilege to serve alcohol to its guests. According to reports, police responded to several disturbance calls at the Read more . . .

As a restaurant or bar owner, it is important to remember that you can be held liable for serving alcohol to minors or to someone who is visibly intoxicated.  In essence, if your waitstaff or bartenders serve a minor or someone who is visibly drunk, and that person causes an accident while driving home, your restaurant can be held responsible for the injuries or personal property damage caused by your drunken patron.  So, as holiday parties get into full swing, please keep that in mind. 

James DiPasquale, Attorney at Law

DIPASQUALE LAW GROUP

A Dram Shop Claim in New York City can be devastating to a tavern, bar or restaurant.

New York City restaurant attorneys understand that busy Friday and Saturday nights -- or busy holiday weekends like Memorial Day -- are often what push a small business over the line and into profitability. Responsible waitresses or bartenders do not serve intoxicated patrons. But neither should you be charged with babysitting grown adults.