Thanksgiving ushers in what should be a joyous holiday season filled with parties and good cheer—and sometimes too much good cheer. It is timely, if perhaps a bit Scrooge-like, to examine the dangers lurking in excessive alcohol consumption which is certainly heightened at this time of year. Festivities taking place in pubs and bars may result in inebriated patrons becoming rambunctious or combative and causing injury. In this column, we will discuss potential causes of action which may lead to recovery against a negligent innkeeper.

Many of us may think first of the Dram Shop Act as the predicate for imposing liability on establishments where alcoholic beverages are served to an already visibly intoxicated patron, who may be slurring his words and subsequently throws punches. However, any claim against a commercial purveyor of alcohol, such as a bar, pub, restaurant, liquor store, or other seller, for the on-premises violent acts of an unruly patron, should likely also include a cause of action for common law negligence. Recent case law has shown the importance of considering both of these causes of action. The legal criteria to establish liability under each of these theories are different, but one or both may be supported by the facts in a particular case.

General Obligations Law §11-101