New York Bar Owner Liability
There are over 18,000 New York bars located within the five boroughs. Unfortunately, some New York bars over serve their patrons, and fail to maintain the New York bar in a safe condition.
Individuals can be injured in a New York bar in a multitude of situations. A patron can hold an owner responsible for to following situations:
- Assault by security guard
- Assault by a waiter of bartender
- Assault by another patron
- Slip and Fall on liquid or other substances
- Over serving patrons
To establish New York bar owner liability under General Obligations Law 9 11-101(1), also known as New York’s Dram Shop Act, a plaintiff is required to prove that the defendant sold alcohol to a person who was visibly intoxicated and that the sale of that alcohol bore some reasonable or practical connection to the resulting damages. While proof of visible intoxication can be established by circumstantial evidence, including expert and eyewitness testimony, there also must be a reasonable or practical nexus between the selling or procuring of the alcohol and the resulting injuries.
Courts have held a New York bar liable for negligence under the Dram Shop act where patron who fell on top of a Plaintiff was, for at least an hour before, seen holding alcoholic drinks, stumbling around and in other ways visibly intoxicated, and that immediately after the accident his eyes were glassy, his speech slurred and he was so drunk that he could hardly stand, suffice to raise an issue of fact as to whether defendant served alcohol to a visibly intoxicated and drunk person.
Protect Your Rights in a New York Bar
It is important that if you are involved in an attack at a New York bar you protect your rights by doing the following:
- Treat your injuries. Make sure if you are injured your receive treatment. Go to the hospital, and do not miss any follow up appointments.
- Photographs. Take photographs of the location where you were attacked. Pictures can be indispensable in proving a property owner’s negligence.
- Accident Reports. If you were injured at a bar, make sure to report the accident to an employee of the bar, or even the police. Also retain a copy of the report before you leave the premises.
- Witnesses. If someone saw you fall, obtain their email, telephone number, address, and even a written statement.
Each bar attack is different, and it is vital to have your case evaluated to determine if all the elements of bar owner liability are present. Having an experienced, knowledgeable, hardworking, and caring attorney from Daniel Szalkiewicz & Associates, P.C. handle your case will provide you with the best chance of receiving the large and fair settlement that you deserve. Our legal team will send investigators to the site to conduct examination into the circumstances involved to determine whether an owner failed to keep you reasonably safe, question witnesses, and take statements. We immediately send claim letters to alert the insurance and require the potential defendants to preserve all relevant evidence.
With our solid hard working reputation for our clients and tough litigators and settlement skills, Daniel Szalkiewicz & Associates, P.C. can swiftly and strongly bring your case to a favorable resolution. Do not suffer in silence any longer; call our team today to discuss your options for pursuing justice and ensuring your rights are protected. We provide exceptionally qualified legal counsel. If we don’t win for you, you owe us nothing.