What is the difference between negligence and recklessness when it comes to liquor liability?

Negligence and recklessness are both important concepts when it comes to liquor liability law in New York. Negligence is when a person is careless or fails to act in a reasonable manner, which leads to harm or injury to another person. This harm could be physical, emotional, or financial damages. On the other hand, recklessness is when someone disregards the safety or wellbeing of others with reckless disregard. They intentionally disregard the risk of harm or injury to someone else. For example, if a bartender serves alcohol to a minor, they are being negligent in their duty and may face a negligence claim. If the bartender gives the minor more drinks even after the minor has becoming obviously intoxicated, the bartender is being reckless and could face a recklessness or negligence claim. In New York, people who sell, serve, or provide alcoholic beverages are generally held liable for damages or injuries caused by an intoxicated third party. This means they are responsible for the damages or injuries caused by a person to whom they have served or provided with alcohol. The court will look at the level of care exercised in making sure the person was of age and not over-served and determine if it was negligent or reckless.

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What is the difference between negligence and recklessness when it comes to liquor liability?

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