New Jersey has the “Licensed Alcoholic Beverage Server Fair Liability Act” and New York has the General Obligations Law §11-101 “Compensation for injury caused by the illegal sale of intoxicating liquor” and Alcoholic Beverage Control Law § 65(2) “Prohibited sales.” Both States’ laws are commonly referred to as Dram Shop Acts.
The laws of both states are very similar in that they provide that the bar is only liable if the plaintiff can prove that the bar served a visibly intoxicated person. In both New Jersey and New York, eye witness testimony is not necessary and plaintiffs can use expert testimony about blood alcohol content as evidence for the jury to consider in deciding whether the person was visibly intoxicated.
Even if a bar is located in New York and a resulting accident took place in New York, that does not necessarily mean that a New Jersey resident, who has suffered harm as a result of a bar’s negligence, has to file a lawsuit in New York. There are various factors that a New Jersey resident must consider in deciding if and where to file a Dram Shop lawsuit caused by a New York bar’s negligence.
It is important to contact attorneys experienced in both New York and New Jersey law. The lawyers at the Union County, New Jersey law firm of Mintz & Geftic LLC have experience in both New York and New Jersey.
New Jersey and New York Personal Injury Attorneys
We give personal attention to all of our clients. If you or a loved one has been injured, call us today at 908-352-2323 or send us email by clicking here to evaluate your case.
Our Workers' Compensation attorneys serve clients throughout New Jersey and New York, including the cities of Newark, Elizabeth, Jersey City, Hackensack, and Morris, Bergen, Hudson, Union and Middlesex counties. We have offices in Elizabeth, New Jersey and New York City.