Andrea M. Alonso and Kevin G. Faley The Dram Shop Act: An Update
Dram Shop liability arises out of a vendor's duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove.
October 14, 2020 at 11:16 AM
8 minute read
New York's Dram Shop Act affords individuals who are injured as a result of another's intoxication a cause of action against the party that unlawfully sold, provided, or assisted in providing, the alcohol to the intoxicant. The legislation targets vendors, usually a bar or restaurant, that sell alcohol to visibly intoxicated adults, and social hosts who knowingly allow minors to drink.
Alcoholic Beverage Control Law §65 defines an unlawful sale of alcohol. It is illegal for any vendor of liquor to sell, deliver, or give away alcoholic beverages to any person who is under 21 years of age or "visibly intoxicated." General Obligations Law §11-101 provides a right of action against a vendor who unlawfully sold alcohol to an intoxicated individual. In order to recover under GOL §11-101, a plaintiff must prove that the vendor unlawfully sold or procured alcohol for the intoxicant while the intoxicant was "visibly intoxicated" and that there was a reasonable connection between the intoxication and the injury.
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