Dram Shop Act and Liability in Personal Injury Actions

In an action to recover damages for personal injuries sustained in a motor vehicle accident the operator of the at-fault vehicle is almost always a defendant.

In cases where there is evidence that the driver of the at-fault vehicle was intoxicated at the time of the accident, the business that served the negligent driver alcohol could be held liable under the Dram Shop Act. In New York a "dram shop" is a commercial establishment that sells alcohol, such as a bar or restaurant. Under this law the establishment owes a duty to the public not to serve alcohol to visibly intoxicated patrons. 

 New York’s Dram Shop Act renders a commercial establishment that serves alcohol liable for the negligence of their intoxicated customers if the establishment negligently serves an intoxicated customer too much alcohol or serves someone underage and that customer causes harm to someone as a result of their intoxication. 

 In addition to motor vehicle accidents, the Dram Shop Act may also apply when an individual is injured by an intoxicated person in a bar fight. 

Personal Injury and Airlines

In the year 2022, U.S. airlines carried 853 million passengers. With so many of us flying every year, it is important for us to be aware of what our rights are in case we are injured while on a flight. When flying internationally, passengers are protected under The Montreal Convention. This treaty governs the airline's responsibility for personal injuries and death to passengers. The Montreal Convention applies if you are injured on a flight, at a stop, transfer, or layover outside of the United States. The treaty is applicable if the accident occurs during the domestic part of your international trip. It also applies if the airplane is on a jetway or if you are being transported in an airport bus from the terminal to the airplane.

Under the Montreal Convention, a passenger does not need to prove that the airline was negligent. It is assumed that the airline was negligent, and it is the burden of the airline to prove that they were not the cause of the accident.  However, an accident that occurs needs to fall under the convention's definition of “accident” which is " an unusual or unexpected event external to the passenger."

The Montreal Convention establishes a system of compensation that is available to the injured party. This system refers to compensation as Special Drawing Rights which are a national reserve asset that can be exchanged for usable currency. A lawyer at our firm can speak with you about the amount of compensation that may apply to your injuries under the Montreal Convention.

When flying domestically, federal, state, and local laws will apply. If you were injured on a domestic flight or international airline, please feel free to contact our office to learn more about what laws apply to your specific circumstances.

Cause of Action for Bullying in Schools

As parents and guardians our child’s safety is our priority. When our children go off to school each day, we trust that the school will protect our children and act with their best interests in mind, just as we would.

Unfortunately, too often parents discover that while at school their child is being bullied. Bullying can come in many forms: taunting, teasing, name calling, cyber bullying, physical beating, and sexual touching. Any type of bullying may cause children physical, mental, and emotional harm. Sometimes this harm is so severe that children need to get medical treatment or counseling. Bullying can cause children to fall behind academically, refuse to go to school, and/or result in them threatening or succeeding in harming themselves or others.

You may be able to bring a cause of action on behalf of yourself and your child for injuries they have suffered as a result of bullying at school.

School districts are under a duty to adequately supervise the students in their care and will be held liable for foreseeable injuries directly related to the school’s inadequate supervision. While a child is in their care, a school district must act as a reasonably prudent parent would under comparable circumstances.

If your child has been bullied because of their sex, disability, religion, race, color, or national origin federal claims may also be brought in addition to a negligence cause of action.

If you have any questions about claims against school districts or educational facilities regarding bullying, please contact our office for a free consultation. 

Grieving Families Act Still Stands a Chance

We have previously posted about the Grieving Families Act and New York’s current wrongful death law. The Grieving Families Act has been proposed to amend New York’s current wrongful death law to allow close family members of wrongful death victims to recover damages for emotional anguish.

In January, Governor Hochul did not sign the Grieving Families Act into law. However, there is still hope that the bill will pass. The bill has been revised and reintroduced as Senate Bill S6636 and is currently on the Senate floor calendar.

Supporters of this bill are hopeful that it will be presented to Governor Hochul again so that New York’s law will reflect the value wrongful death victims had to their families beyond financial support.  

We will continue to provide updates regarding the Grieving Families Act.

Grieving Families Act---Amending New York State's Current Wrongful Death Law

We frequently speak with individuals who have lost a loved one due to the negligence of another. Understandably, it is very difficult for them to hear that New York State law only allows for certain individuals to recover certain types of damages as compensation for their loved one’s death.

Under New York State’s current law if a wrongful death lawsuit is successful, only the decedent’s children, spouse, or parents (if the decedent was unmarried and had no children) may receive compensation from a wrongful death action.

The compensation these certain parties may receive is also limited to only the economic damages that were suffered as a result of the decedent’s death. These include funeral and burial costs, medical expenses, loss of future earnings, loss of services, and decedent’s pain and suffering prior to death.

There are presently no damages available for the emotional loss that a decedent’s surviving family members have suffered.

In only providing for the recovery of economic damages, New York’s law bases the value of someone’s life on their financial contributions to their family. The family members of a deceased elderly person or a newborn would be more unlikely than that of a middle-aged high wage worker to recover significant economic damages.

In an effort to provide damages for the emotional pain and suffering experienced by families of wrongful death victims, the New York State Senate and New York State Assembly have passed Senate Bill S74A known as the Grieving Families Act.

The Grieving Families Act would allow for close family members of the wrongful death victim, including domestic partners, grandparents, step-parents, siblings and other surviving close family members, to recover compensation for their loved one’s death. In addition to the economic damages that are available, family members may also be able to recover for the emotional pain resulting from the decedent’s death and loss of love, companionship, comfort, and protection.

We understand that the loss of a loved one can create damages that are beyond measure economically, especially when the death is caused by another’s negligence or malpractice. We are currently following Governor Hochul’s decision whether to enact the Grieving Families Act closely in the hope that we are able to help more family members obtain rightful compensation for the death of their loved one.