Dram Shop Liability in New York
State-specific overview · Tort Law
New York imposes dram shop liability on vendors who serve alcohol to visibly intoxicated persons or those under the legal drinking age.
How New York treats Dram Shop Liability
New York General Obligations Law Section 11-101 makes alcohol vendors liable when they serve a visibly intoxicated person or a minor, and that person causes injury to themselves or others. The vendor must have actual knowledge of the patron's intoxication or underage status at the time of service. This statute applies to bars, restaurants, and off-premises retailers, with no cap on damages in most cases.
The general definition of Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Dram shop liability holds businesses that sell alcohol accountable when they serve drinks to someone who is already drunk or visibly intoxicated, and that person then causes injury or damage to others. The law recognizes that the bar or store had a duty to refuse service in these situations. If they fail to do so and the customer harms someone—say, by driving drunk—the business can be sued for those damages. The idea is to discourage over-serving and create an incentive for responsible alcohol service.
Read the full Dram Shop Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.