A motorcyclist was killed after losing control of his motorcycle for unknown reasons. At the time of his death, his girlfriend was pregnant with his child. Later, the infant plaintiff commenced an action by her guardian, alleging that employees of the bar represented by Abrams Gorelick had violated New York’s Dram Shop Act by serving alcohol to the decedent while he was visibly intoxicated. Abrams Gorelick is currently litigating the novel issue of whether the infant plaintiff, born after her father’s death, has a cause of action for loss of “means of support” under the Dram Shop Act.

New York General Obligations Law Sections 11-100 and 11-101, commonly known as the Dram Shop Act, is interpreted by a vast body of case law distinct from that of general negligence and wrongful death cases. Issues such as standing, indemnification and contribution, damages and third-party practice are different in a Dram Shop context than in other bodily injury cases. Our grasp of these issues and our understanding of the effects of alcohol on the body, developed through our interactions with toxicologists, forensic pathologists, neuropsychologists and other experts, works to our clients’ advantage.