A retired FDNY firefighter has filed a lawsuit against the New York Yankees, their hospitality services provider, and two men who allegedly attacked him after a game in early May. The suit alleges that the alleged attackers were sold additional alcohol when they were already intoxicated.
Simply stated, the New York Dram Shop Act provides that alcohol purveyors may not serve alcohol to someone who is visibly intoxicated. This duty, if violated, may render the establishment liable for damages inflicted upon a third party as a result of serving the visibly intoxicated individual. Of course it remains to be seen how the lawsuit will progress, but should the facts of this suit reveal that the Yankees’ concession company over-served these men named in the suit, the corporations may face liability as well.
northjersey.com, Abbot Koloff, May 29, 2012