In most Buffalo personal injury lawsuits involving motor vehicle accidents, the defendants will be limited to the person who was operating a motor vehicle negligently and – if a different person – the owner of that motor vehicle. In some personal injury lawsuits involving drunk drivers, however, the establishment that served the drunk driver too much alcohol may also have some liability.
New York State law forbids the sale of alcohol to individuals who are visibly intoxicated. When someone who is visibly intoxicated is served alcohol and later injures someone in an accident caused by their intoxication, the establishment that violated the law by serving alcohol to that person may also be found liable.
Obviously, the biggest difficulty with such cases is establishing that the drunk driver was intoxicated at the time alcohol was served to an extent that the employees of the business should have noticed and declined to provide further drinks. This can be very difficult to prove in that the employees are aware that it is not in their interest to affirm that the defendant was visibly intoxicated, so other witnesses usually will need to be found who remember the condition of the drunk driver at the bar.
If you have been injured by a drunk driver, we can help you. Please call us at 716-542-5444.
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