On February 12th, the wife of a New York City MTA bus driver who was killed when a drunk driver plowed a stolen truck into the deceased’s bus officially filed suit against 1Oak, the Manhattan nightclub she claims knowingly over served the accused, Domonic Whilby, on the night of the incident. Once again, called into question are the legal responsibilities as well as the liabilities bar owner must be aware of on a nightly basis.
In this case, according to New York State Dram Shop laws, a bar can be held liable if it is proven to have continued serving alcohol to a patron who has become noticeably intoxicated.
In exclusive commentary to Bar Business, Mark B. Stumer, Attorney at Law at Mark B. Stumer & Associates, PC, in New York City, explained how this type of case can often be tough to prove.
“In order to prevail against 1Oak, the Plaintiff will have to establish that Whilby showed visible signs of intoxication and that despite those visible signs, 1Oak continued to sell alcohol directly to him (as opposed to a third party that then provided Whilby with the drinks),” says Stumer. “The visible intoxication requirement is often difficult to establish . . . especially when the venue is a dark nightclub such as 1OAK.”
Stumer is the founder of the law firm Mark B. Stumer & Associates, PC. He and his law firm have been representing bars, restaurants and nightclubs in New York since 1995. He can be reached at [email protected]
