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.