The Dram Shop Law: New York Liquor Liability

(899 Ratings)

Produced on: November 20, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 67 minutes
Difficulty Intermediate

The New York Dram Shop Law, General Obligations Law § 11-101, imposes liability upon any retail establishment that illegally sells alcohol to an individual who causes injury to another as a result of being intoxicated.  

 

In this program, experienced trial attorney Andrew J. Smiley explains the New York Dram Shop Law and how it is applied in a personal injury or wrongful death case.  This course is perfect for attorneys who are currently, or potentially, representing plaintiffs or defendants in a lawsuit where the plaintiff was injured or killed by an intoxicated person who purchased alcohol prior to the accident.

 

Learning Objectives:

I.  Recognize the applicable NY Statutes:

   a. NYABC Law § 65

   b. GOL § 11-101

   c. GOL § 11-100

II.  Make out a prima facie case

III. Know the defenses to a Dram Shop claim

IV. Understand the state of the law in Dram Shop Cases in New York State

 

 

 

Faculty

Andrew Smiley

Smiley & Smiley, LLP



Faculty Spotlight


Areas of Practice

Personal Injury

Medical Malpractice

Wrongful Death

Bar Admissions

New York, 1997

U.S. District Court Eastern District of New York, 1997

U.S. District Court Southern District of New York, 1997

U.S. District Court District of Vermont, 1999

U.S. Supreme Court, 2003

Education

Brooklyn Law School, Brooklyn, New York

J.D. - 1996

Honors: Vice President, Moot Court Honor Society

Honors: Executive Board -Chair of Trial Division

Honors: Coach - Brooklyn Law School National Trial Team Northeast Region Champions

Honors: Judge Edward and Doris A. Thompson Award for Excellence in Trial Advocacy

Tulane University

B.A. - 1993

Honors: Honors

Major: Psychology

Pro Bono Activities

Member, Friars Club

Organizations/Affiliations:

  • New York City Trial Lawyers Association
  • Vice President (June 2013 – present)
  • Treasurer (June 2011 – June 2013)
  • Secretary (June 2009- June 2011)
  • Board of Directors (2000-present)
  • New York State Academy of Trial Lawyers
  • Vice President – 2nd Dept. (July 2013-present)
  • Board of Directors (2013- present)
  • Judicial Screening Committee (2013- present)
  • Judicial Screening Committee, Kings County Democratic Party (2013)
  • New York State Trial Lawyers Association
  • New York State Bar Association
  • Brooklyn Bar Association
  • The American Association For Justice
  • American Bar Association
  • Brooklyn Law School Alumni Association
  • National Order of Barristers
  • Friars Club - member

Reviews

CN
christina n.

Excellent presenter!

PD
Patrick D.

Excellent course; well thought out ; a good course for attorneys and non-attorneys,.

IP
Ian-Paul P.

One of the clearest CLE presentations I've seen. As a relatively recent law grad, I'd say you should consider teaching.

JS
Jeff S.

Very good presentation.

AN
Ashley N.

Informative and interesting.

JL
Jonathan L.

Fantastic instructor.

KM
Kristina M.

Engaging speaker. Easy to listen to. Very interesting topic that I didn't know much about.

SK
Susan K.

Great presentation, clear, cohesive, informative.

MC
Marissa C.

Excellent instructor. Very organized, clear, concise and explained legal issues in a very accessible manor. Exception written materials and lecture.

SG
Suzanne G.

Very well done.

AZ
Adam Z.

Clear, concise and taught me the law.

DS
Donald S.

Excellent presentation

GC
Gary C.

Excellent!

JA
Jonathan A.

I enjoyed Mr. Smiley's presentation. I will seek out other topics upon which he has presented.

ND
Neal D.

WOW, this was an extremely interesting lecture! Nice going!

GE
Gbolahan E.

Very helpful

RK
Roman K.

This program was great. I feel like I really understand how the basis for liability works and how to establish defenses in these cases. Thank you.

LG
Lloyd G.

Very well done.

JH
Jonathan H.

very good!

SA
Scott A.

Mr. Smiley presented the material in a very organized, interesting and easy to understand manner.

RH
Robin H.

This is an area I did not know. The speaker explained the two applicable statutes and their differences in plain and clear terms.

RE
Roy E.

Excellent speaker

AM
Alessia M.

I really enjoyed this topic. Very informative CLE.

RR
Ruth R.

Program and presentation were excellent. I had little understanding f Dram Shop Law before taking this seminar.

SN
Sharmila N.

Excellent, presented well and very informative.

PB
Paul B.

Excellent

GS
Gregg S.

Another terrific presentation.

CD
Craig D.

Very informative and helpful

BL
Bryan L.

Really good presenter.

TW
Terrence W.

A great speaker and teacher.I enjoyed his opening statement training and noted in this one that he had his drink of water handy!

SY
Samer Y.

Excellent course!

GS
Gregory S.

Excellent course that clearly presented the Dram Shop Law and 11-100 as well.

CK
Christine K.

Very knowldegable speaker!

YL
Yuichi L.

Very good lecture and discussion of the applicable NY statutes.

DH
daniel h.

Smiley is great

SK
Scott K.

Excellent course, very we'll presented.

ER
Elana R.

Great CLE! Speaker was interesting and easy to follow.

JH
Janet H.

interesting

EG
Edward G.

Mr Smiley is a very good speaker, and very educational I enjoy his lectures

JC
Jennifer C.

Excellent, helpful presentation

Load More

$59

$ 59 Personal Injury and Negligence and Litigation In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.