A Hell of a Hangover: New York’s Dram Shop Law

This course will discuss New York’s dram shop statute, which holds purveyors of alcohol strictly liable for any damage caused by a patron following an illegal sale.

Topics will include types of illegal sales, types of harm for which a purveyor can be held liable, and the interaction between dram shop liability and other laws, including the No-Fault law and related legal doctrines.

Delve into key aspects of Dram Shop litigation, including:

• Analyzing the core statutes: General Obligations Law 11-101 (liability for illegal commercial sales) and 11-100 (liability for providing alcohol to minors).
• Understanding Alcohol & Beverage Control Law 65 and the definition of an illegal sale, particularly focusing on sales to visibly intoxicated persons.
• Mastering the methods for proving a Dram Shop case, including evidence of visible intoxication, and exploring common defenses such as the fake identification defense and comparative fault.
• Identifying the types of damages recoverable under the statute, including actual and exemplary damages, and the unique considerations for loss of support claims.
• Exploring related concepts like common law landowner liability for intoxicated persons on property, party host liability, the interplay with New York's No-Fault Law, and potential future legal developments in areas like cannabis liability.

Gain the knowledge necessary to effectively handle cases involving New York's Dram Shop Law, from understanding the strict liability standard to navigating practical trial issues.