What is the test for a plaintiff's claim that they were not responsible for the injuries they sustained as a result of drinking alcohol?
"New York", United States of America
The following excerpt is from Sherman by Sherman v. Robinson by Robinson, 591 N.Y.S.2d 974, 606 N.E.2d 1365, 80 N.Y.2d 483 (N.Y. 1992):
We first consider plaintiffs' claims under General Obligations Law 11-100 and 11-101, which are an exception to the common-law rule that a person consuming alcoholic beverages is solely responsible for injuries caused by his or her own intoxication (see, D'Amico v. Christie, 71 N.Y.2d 76, 83, 524 N.Y.S.2d 1, 518 N.E.2d 896).
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