Drug-Free Campus Guidelines: New York General Obligations Law

Compensation for Injury or Damage Caused by the Intoxication of a Person, Under 21

(GOL Section 11-100)

  1. Any person who shall be injured in person, property, means of support, or otherwise, by reason of the intoxication or impairment of ability of any person under the age of 21 years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years.
  2. In case of death of either party, the action or right of action established by the provisions of this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife, or child shall be his or her sole and separate property.
  3. Such action may be brought in any court of competent jurisdiction.
  4. In any case where parents shall be entitled to such damages, either of such parents may bring an action therefore; but that recovery by either one of such parties shall constitute a bar to suit brought by the other.

Compensation for Injury Caused by the Illegal Sale of Intoxicating Liquor:

(GOL Section 11-101)

  1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring
  2. liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.
  3. In case of the death of either party, the action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife, or child shall be his or her sole and separate property.
  4. Such action may also be brought in any court of competent jurisdiction.

In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefore, but recovery by one of such parties shall constitute a bar to suit brought by the other.