New York Court: Driver May Seek Contribution From Bar or Restaurant Under Dram Shop Laws

New York Appellate Court Expands Dram Shop Liability

The New York Appellate Division, Second Department, recently held that a driver who has struck an intoxicated pedestrian can seek contribution from a bar or restaurant under the Dram Shop Act. O’Gara v. Alacci, 2009 WL 3047886, 2009 N.Y. Slip Op. 06668 (2d Dept Sept. 22, 2009).

Under the New York Dram Shop law, bar and restaurant owners owe the public a duty not to serve alcohol to anyone who is visibly intoxicated. In the O’Gara case, the Second Department reasoned that since the driver is a member of the “public”, he or she may seek contribution from a bar that has breached its duty to refrain from selling alcohol to the visibly intoxicated.

Accordingly, if an accident is caused in part by a violation of the Dram Shop Act, a driver who strikes a pedestrian is permitted to seek contribution from the bar or restaurant for serving the visibly intoxicated pedestrian-plaintiff. However, the Court also held that the visibly intoxicated pedestrian-plaintiff is not owed a duty by the bar or restaurant, and as such, has no independent cause of action against the bar.

What Compensation Could Look Like in a Dram Shop Case

When a bar or restaurant is found to have violated New York’s Dram Shop Act, it can be held financially responsible for its share of the damages caused by an intoxicated person it served. Depending on the facts of the case, potential compensation may include:

• Medical expenses: Hospital bills, rehabilitation, and long-term treatment related to the accident.
• Lost wages and diminished earning capacity: If injuries prevent the victim from working or returning to their prior occupation.
• Pain and suffering: Compensation for physical pain, emotional trauma, and loss of enjoyment of life.
• Property damage: Repairs or replacement of vehicles and other damaged property.
• Wrongful death damages: If the intoxicated individual’s actions led to a fatal crash, surviving family members may pursue recovery for funeral costs and loss of support.

How Plaintiffs Can Strengthen Their Dram Shop Claim

To maximize the chance of success in a Dram Shop case, plaintiffs should gather clear evidence showing that the bar or restaurant served alcohol to someone visibly intoxicated. Evidence may include:

• Surveillance footage from the establishment
• Witness statements confirming visible intoxication
• Receipts or tabs showing excessive alcohol purchases
• Expert testimony on blood alcohol levels and impairment

Contact Us for Aggressive Representation

The Law Offices of Thomas L. Gallivan, PLLC handles complex car accident lawsuits and Dram Shop cases throughout New York. If alcohol service or intoxication played a role in your accident, contact our attorneys to discuss your legal options and potential recovery.