Celesq® Attorneys Ed Center

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Date Published: 03/16/2021

The Dram Shop Act: An Update

Dram Shop liability arises out of a vendor’s duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove. New York’s Dram Shop Act affords individuals who are injured as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided, or assisted in providing, the alcohol to the intoxicant. The legislation targets vendors, usually a bar or restaurant, that sell alcohol to visibly intoxicated adults, and social hosts who knowingly allow minors to drink.

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