Sophisticated Defense Strategies For New York Trial And Appellate Matters

New York Dram Shop Liability Defense Attorneys

A dram shop liability claim can put your business, reputation and bottom line at risk. If your establishment faces claims of unlawful alcohol service, you need experienced legal counsel to protect your interests.

At Gallardo Levin Reiter & Rogers, LLP, we defend bars, restaurants, nightclubs, hotels, caterers and event venues throughout New York. We are trial attorneys who manage dram shop liability lawsuits, insurance coverage disputes and related investigations. We build defense strategies that protect our clients’ businesses and support their goals. When a case goes to court, we are ready to defend each client’s interests.

Understanding Dram Shop Liability

New York’s dram shop laws determine when a business licensed to sell alcohol – commonly called a dram shop – may be responsible for injuries linked to an intoxicated patron. Dram shops include bars, restaurants, nightclubs and other businesses that serve alcoholic beverages.

If someone claims that your business unlawfully served alcohol to someone later involved in a motor vehicle crash, assault or other incident, they still must prove that your establishment can be held legally responsible.

When Can A Business Be Held Liable?

To hold your business liable, the person bringing the claim generally must prove that you unlawfully served alcohol to a visibly intoxicated person or a minor. They also must show that the alcohol service caused or helped cause the incident that was responsible for the injury. These claims often focus on overservice, visible intoxication and unlawful sale.

Dram shop claims typically arise under New York General Obligations Law § 11-101 and the Alcoholic Beverage Control Law. Because the outcome of every case depends on its unique circumstances, speaking with a lawyer early can help you understand your legal options.

Who May Face Dram Shop Liability?

A dram shop lawsuit may involve more than one defendant. Along with naming your business, it may also hold responsible business owners, bartenders, servers, hotels, caterers, event venues, management companies and/or security contractors.

Defending Dram Shop Liability Claims

Building your defense starts with reviewing the evidence. We examine witness statements, surveillance footage, sales records and other evidence. We will use that information to test the claims against your business.

Depending on the case, we may:

Challenge claims that a patron showed signs of visible intoxication when alcohol was served
Dispute whether your establishment or employee served the patron
Show that alcohol served elsewhere or during later events – not your alcohol service – caused the injury
Show that other parties share responsibility
Challenge the damages sought against your business
Raise procedural defenses when appropriate

Whether the claim involves alleged overservice after a driving under the influence (DUI) crash, an assault involving an intoxicated patron, or a sale to a minor or patron using a fake ID, we will tailor our defense strategy to your business and your legal goals.

Protecting New York Hospitality Businesses

Since 2004, Gallardo Levin Reiter & Rogers, LLP has provided representation to businesses and insurers in tort defense and liability litigation throughout New York. We understand what is at stake when your business is facing a dram shop lawsuit, including financial exposure and damage to your reputation.

Protect your business from the start. Call 516-931-1800 or send us an email today to learn more about your legal options.