Philadelphia Dram Shop attorney are dedicated to pursuing valid claims against store employees who falsely arrest people or use excessive force. They have significant experience representing people throughout New York who are falsely detained by security guards, loss agents or other store employees.
Dram Shop attorneys pursue claims against bars, restaurants and other establishments that serve intoxicated patrons. These cases involve victims that suffer injuries or death as a result of irresponsible alcohol service.
Dram shop laws are liability statutes that hold retail establishments liable for selling or serving alcohol to minors or intoxicated persons who cause injury, death, or property damage. These laws were enacted at the state level in the United States during the Temperance movement, which sought to curtail alcohol abuse and other social ills thought to stem from it. Prohibition eventually came to an end, but dram shop liability laws remain in place to this day in many states.
While dram shop laws vary from state to state, most of them focus on over-serving intoxicated patrons in commercial establishments. Some states also have laws that hold social hosts responsible for providing alcohol to minors or habitually intoxicated adults who then cause harm, such as drunk driving accidents.
In order to prove that an establishment breached its duty through irresponsible alcohol service, a plaintiff must demonstrate that the intoxicated person was visibly intoxicated at the time of service and that the alcohol served directly contributed to the resulting injury. Establishments might be able to use receipts and transaction records to establish the amount of alcohol sold to the intoxicated individual, but other types of evidence may also be necessary. For example, expert witnesses such as toxicologists or drunk driver accident reconstruction experts can provide opinions on whether or not the intoxicated patron was visibley intoxicated at the time that they were served.
One of the most difficult challenges of dram shop claims is linking the intoxicated individual’s behavior to the establishment’s alcohol service. This is particularly true in cases involving wrongful deaths, as it is generally impossible to determine how much alcohol was consumed and how drunk the person was at the time of the crash.
Additionally, the intoxicated driver might be a third party, and a claim against the business could be joined with a claim against the at-fault motorist. This can allow victims to recover more monetary damages, including lost wages, medical expenses, and pain and suffering. An experienced attorney can help injured victims determine which parties might be liable and pursue their right to compensation.
Over-serving
Although serving alcoholic beverages is legal, the over-serving of liquor can lead to serious consequences. Fortunately, there are laws in place to protect establishments from being held liable for the actions of intoxicated patrons. The over-serving of alcohol is often the result of a bartender or other employee failing to recognize the signs of intoxication. However, this may be difficult, especially when a customer is extremely intoxicated and aggressive.
To minimize the risk of being involved in a New York dram shop lawsuit, establishments should implement proper employee training. This will ensure that all employees, from the owner to the back of house staff, know what to look for. This will help them avoid over-serving patrons and causing harm to innocent third parties.
By maintaining these responsible alcohol service practices, establishments can ensure compliance with New York law and foster a safe environment for all. Dram Shop Expert Preston Rideout provides valuable resources and expert witness testimony services on dram shop cases and liquor liability. For more information on these issues, visit the Practice Areas section of his website for Dram Shop Expert Witness Testimony and Liquor Liability.
Injuries
People don’t expect to be injured on a shopping trip, but department stores are a common location for accidents and injuries. A shop attorney can determine whether a store was negligent in your accident and help you file a claim or lawsuit for damages. Negligence is defined as the failure to use reasonable care that would keep a person from being hurt. Injuries caused by a failure to use reasonable care may be due to any number of conditions in a store, including:
Stores and other businesses must take steps to maintain safe premises. If they fail to do so and a customer is injured, the store may be liable for their negligence. To prove negligence, a person must show that the store owner knew or should have known about the dangerous condition on their property and failed to remedy it.
For example, a store may be liable if someone slips and falls on a water spill that was not cleaned up or marked. In addition, a store may be liable
if the spill was present for so long that they should have had constructive knowledge of its presence. This type of negligence is called premises liability. A successful store negligence claim can result in compensation for the victim’s monetary losses, including medical bills and lost wages. It can also include compensation for physical pain and emotional distress.
When a person is injured in a store, they need an experienced attorney to fight for their rights and get them the money they need to recover from their injury. A lawyer can investigate the case, gather evidence and fight for a fair settlement with the store’s insurance company.
Many injuries that occur in stores are caused by hazardous conditions on the store’s property. While these hazards are sometimes unavoidable, the store should be responsible for keeping its customers safe and should provide warnings about any known dangers. A skilled personal injury lawyer can explain the law of premises liability and help victims of store negligence claims obtain the compensation they deserve. The lawyers at Cutter Law Firm can evaluate your claim and determine if the store was liable for your injuries.
Damages
If you’re able, try to get the names and contact information of anyone who witnessed your accident. Take note of their physical features too. You may also be able to find out if your accident was caught on CCTV cameras, and you can ask the store management for a copy of the footage. This evidence will help our premises liability attorneys determine the strength of your case. And they’ll be prepared to anticipate any strategies the defendant might use to avoid being found liable.
