Kenneth E. Pitcoff and Andrea M. Alonso Dram Shop Act: Boats, Motorcycles, ATVs and Snowmobiles
New York's Dram Shop Act makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The majority of cases arise when an intoxicated patron leaves the establishment in a car and causes an accident. Liability is not limited, however, to accidents involving cars but has been extended to include boats, motorcycles, ATVs, and snowmobiles.
February 03, 2021 at 10:05 AM
6 minute read
New York's Dram Shop Act GOL §11-101 makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The bar/liquor seller would be responsible if an intoxicated patron leaves the bar and injures another person. The vast majority of cases arise when an intoxicated patron leaves the establishment in a motor vehicle and causes an accident. Cases, however, are not limited to situations where motor vehicle accidents result in damages but may involve boats, motorcycles, ATVs or snowmobiles.
Boats
In 2019 alcohol use accounted for 282 boating accidents, 113 death and 221 injuries up from 254, 101 and 204 respectively in 2018. (2020 statistics are not available). United States, Department of Homeland Security, U.S. Coast Guard, Office of Auxiliary and Boating Safety. "2019 Recreational Boating Statistics" Commandant Publication P16754.33; United States, Department of Homeland Security, U.S. Coast Guard, Office of Auxiliary and Boating Safety. "2018 Recreational Boating Statistics" Commandant Publication P16754.32.
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