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Liability for Providing Alcohol to Under-Age Purchaser Only Triggered by Injury Caused by the Purchaser.

There is no common-law cause of action for the negligent provision of alcohol.  Under General Obligations Law section 11-100, liability for furnishing alcohol is triggered only if the person who unlawfully received the alcohol causes injury.  In this case, a clerk in a convenience store sold alcohol to a 17-year-old with a fake ID who then shared the alcohol with friends.  One of the friends became intoxicated and had an automobile accident, injuring the plaintiff. Because it was not the purchaser of the alcohol who caused the accident, General Obligations Law section 11-100 did not apply.  Gutierrez vs. Devine, 1489, CA 12-01209 Fourth Dept. 2-1-13

 

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