Case Study | Liquor Liability
Client assaulted in a bar by a patron who was over-served alcohol by the establishment.
Our client was a regular patron at a local Suffolk County bar. On the night in question, two other patrons began fighting. A third patron, highly intoxicated, mistakenly believed our client was involved in the altercation and assaulted him without provocation, fracturing his ankle. Our client was an innocent bystander wrongly targeted due to the assailant’s intoxicated state.
Through witness testimony we established that the assailant and both other patrons involved in the initial altercation were all highly intoxicated, demonstrating a clear pattern of alcohol over-service by the bar’s staff. The assailant lacked the financial means to satisfy a judgment. Faced with overwhelming evidence of negligent service, the bar’s insurance carrier agreed to pay the full amount of damages.
Dram Shop liability under GOL § 11-101. Pattern of alcohol over-service proven through witness testimony establishing all three involved patrons were visibly and severely intoxicated at the time of the assault.
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