Recent Case Against A New York Homeowner!
A licensed New York driver, a minor, leaving a party with a passenger in the car, lost control of the car and drove the car into a tree. The passenger was seriously injured. The passenger sued several individuals, among them the owner of the premises where the party was held, and where liquor was served.
Under Nassau County NY’s “Social Host Law”, the owner of the premises provided
three defenses against the New York Drunk Driving Accident Lawsuit:
three defenses against the New York Drunk Driving Accident Lawsuit:
First, that though she owned the premises, she did not live there;.
Second, she neither procured nor served the alcoholic beverages served on the night of the party;.
Third, she did not know, and had no reason to know, that alcoholic beverages were to be served to minors at a party that night.
The court’s decision: since there was no proof showing that the owner of the premises
either a) knowingly permitted the consumption of alcohol or
b) furnished or in some way provided the liquor consumed by the minors at the party, the house’s owner was held not responsible.
Second, she neither procured nor served the alcoholic beverages served on the night of the party;.
Third, she did not know, and had no reason to know, that alcoholic beverages were to be served to minors at a party that night.
The court’s decision: since there was no proof showing that the owner of the premises
either a) knowingly permitted the consumption of alcohol or
b) furnished or in some way provided the liquor consumed by the minors at the party, the house’s owner was held not responsible.
It is very important to realize that cases of this type can turn on seemingly small differences in fact patterns. An experienced New York personal injury lawyer will hopefully be able to identify and highlight these issues to his client’s advantage.