Suing Bars That Over-serve Drunk Drivers Who Cause Personal Injury.

May 8, 2013

In some drunk driving injury cases, experienced Buffalo personal injury lawyers will seek compensation not only from the drunk driver, but also from the business that provided the drunk driver with alcohol.  Whether someone who suffered a personal injury caused by a drunk driver has a claim against the business that provided alcohol depends on the circumstances of each case.

Commercial businesses – such as bars and restaurants – are not supposed to continue serving alcohol to people who are visibly intoxicated.  If the injured person is able to prove that a business continued to serve the drunk driver after he or she was already visibly intoxicated, a claim for damages may be made against that business.  Proving that someone was visibly intoxicated usually requires statements from eyewitnesses, such as other people at the bar.  In cases of extreme intoxication, however, eyewitnesses may not be necessary.

The rules are different when a drunk driver becomes intoxicated at a private home instead of a bar or restaurant.  In most cases, there is no right to pursue damages against a private person that provides alcohol.  The major exception to this rule applies to people who choose to serve alcohol to minors.  New York State Law permits a personal injury claim against a private person who provided alcohol to a minor when that minor later injures someone because he or she is intoxicated.

At Steve Boyd, PC, we believe that businesses that serve alcohol should do so responsibility.  When they do not and someone is injured, they should be held accountable.  If you or someone you care about has been injured by a drunk driver, we can answer your legal questions at 716-400-0000.