Are there any exceptions to dram shop liability?

Yes, there are exceptions to dram shop liability in New York. Dram shop liability is a law that holds businesses responsible for the damage that occurs when a person consumes alcohol sold by that business. In New York, an exemption to this law applies if the establishment was serving alcohol to a minor who is at least 13 years old, and the person being served was accompanied by their parent or guardian. Additionally, if the business provides written proof that it checked the identification of the person being served and it is found to be valid and valid for the age of the person served, the dram shop law does not apply. Other exceptions apply if an injury occurs outside of the business, or if an injury is due to an accident instead of overconsumption of alcohol. Furthermore, establishments may be exempted from dram shop liability if the alcohol was served in accordance with New York State law and regulations, and the establishment was not aware that the person served was in a state of intoxication. In all cases, it is important to consider that dram shop liability is a civil action, and not criminal in nature. Generally, it comes down to what a reasonable person would consider negligence in regards to a business’ responsibility to serve alcohol responsibly.

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Are there any exceptions to dram shop liability?

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