Are any bars or restaurants immune from liquor liability lawsuits?
No, bars and restaurants in New York are not immune from liquor liability lawsuits. This is because the state of New York has a law that specifically imposes liability on restaurants and bars that serve alcohol. This law is known as the Dram Shop Act, and it imposes strict responsibility for the actions of those who sell or serve alcoholic beverages. Under this law, the establishment can be held liable for any damages that result from the sale or service of alcohol, regardless of whether the establishment knew that the person drinking was underage or already intoxicated. The only exception to this rule is if the establishment can prove that they did not serve alcohol to an individual who was visibly intoxicated, or if the individual misrepresents their age or provides false identification. In either of these cases, the establishment may be able to avoid liability for any subsequent damages. Regardless of whether a bar or restaurant in New York can prove that they did not serve alcohol to an intoxicated individual or to a minor, they are still subject to the Dram Shop Act. Thus, under the law, any bar or restaurant in New York can be held liable for damages resulting from the sale or service of alcohol.
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