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Hamptons venue denies serving underage driver in deadly hit-and-run case

A 2023 hit-and-run victim says The Clubhouse served the underage driver tequila shots before the crash, but the venue says it has no record of serving him.

Sarah Chen··2 min read
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Hamptons venue denies serving underage driver in deadly hit-and-run case
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The victim in a 2023 hit-and-run is now blaming a Hamptons nightlife spot, saying The Clubhouse served the underage driver tequila shots before the crash. The venue's manager says the business has no record of serving the driver, putting a Suffolk County establishment at the center of a fatal-crash alcohol-liability fight.

Under New York law, the dispute turns on the Dram Shop Act, General Obligations Law § 11-101, which gives an injured person a right of action when unlawful alcohol sales to an intoxicated person help cause the harm. The Legislature later added General Obligations Law § 11-100 for minors, and New York appellate courts have said it applies when alcohol is unlawfully furnished to someone under 21.

That legal framework makes the plaintiffs' proof critical. New York courts have said a dram-shop plaintiff must show that the establishment sold alcohol to someone who was visibly intoxicated and that the sale had some reasonable or practical connection to the resulting damages. In other words, the allegation has to tie the drinks to the crash, not just place the driver at the bar earlier in the night.

State liquor regulators put the burden squarely on the licensee. The State Liquor Authority says a retailer is responsible for the conduct of employees and patrons, recommends Alcohol Training Awareness Program instruction for staff, and warns that it is a crime to sell or give alcohol to anyone under 21, even if the customer looked older or used someone else’s ID. The agency also urges bars and clubs to check identification every time and to use written policies and training to prevent underage sales.

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Source: newsday.com

For Suffolk County, the case tests whether a local venue followed the basic carding and service rules that matter most on the South Fork, where summer nightlife and road traffic can turn a night out into a civil claim. New York courts have repeatedly addressed similar liquor-liability cases, showing that the theory is familiar even when the facts are heartbreaking.

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