Are there any common defenses to a liquor liability lawsuit?

Yes, there are a few common defenses to a liquor liability lawsuit in New York. The first is the affirmative defense of “dram shop.” This defense states that the injured person contributed to their own injury or damage due to their negligence or other fault. Another defense is the “voluntary intoxication” defense. This defense states that someone cannot be held liable for an accident, injury or damage due to the fact that the defendant was voluntarily intoxicated at the time of the accident. The “social host” defense is also a common defense. This defense states that the host or provider of the alcohol was not providing alcohol to someone who was intoxicated, and that the social host did not cause the intoxicated person to become overly intoxicated. The “Assumption of Risk” defense is also a common defense. This defense states that the injured person assumed the risk that they may get injured or suffer damage while participating in an activity due to their own negligence or recklessness. Finally, the “Free Will” defense states that the injured party voluntarily chose to consume the alcohol, and that the act of consuming the alcohol was their own free will. This defense also states that the injury or damage was due to the person’s own actions, rather than the actions of the person providing the alcohol. These are the most common defenses to liquor liability lawsuits in New York. It is important to note, however, that these defenses may not apply to every situation, and it is important to consult with an experienced lawyer if you find yourself facing a liquor liability lawsuit.

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