Thats an interesting question. If a homeowner serves alcohol and someone gets intoxicated and crashes their car hurting someone else, then yes, the homeowner may be responsible. But your question is a little different if I understand correctly what you are asking. I dont know the answer for sure, but my gut is telling me that if the person who got intoxicated is the one who got hurt, then it would most likely be considered that persons fault. However, if the person who drank was under the legal age for consuming alcohol, then my answer would be different. A minor, or say one who is twenty in a State where the legal drinking age is twenty-one, is served alcohol and get drunk, then, under those circumstances, I believe that the person who served the alcohol could be held responsible. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general they are in the State of New York: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!
Answered on Jun 13th, 2011 at 12:30 PM