In Florida, when someone is injured by an intoxicated individual—such as in a drunk driving accident—it’s natural to ask whether the bar, restaurant, or liquor store that served the alcohol can also be held responsible. This is where Florida’s dram shop law comes into play. While these laws are more limited in Florida than in many other states, they still provide critical avenues for recovery in certain personal injury cases.
What Is Dram Shop Liability?
“Dram shop” is an old legal term referring to establishments that sell alcohol. Dram shop liability laws govern when and how these businesses can be held responsible if a person they served injures someone due to intoxication. These laws are particularly relevant in car accident and assault cases involving alcohol.
Florida’s Dram Shop Statute: Narrow but Powerful
Florida Statutes § 768.125 governs dram shop liability. Under this law, alcohol vendors are not generally liable for injuries caused by someone to whom they served alcohol. However, there are two key exceptions:
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Serving Alcohol to a Minor: If the establishment willfully sells or furnishes alcohol to someone under 21, it can be held liable for any injuries or damages caused by that underage person.
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Serving a Habitually Addicted Person: If the vendor knowingly serves alcohol to someone who is habitually addicted to alcohol, and that person causes injury or death, the vendor may be liable.
Common Scenarios in Florida Dram Shop Claims
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Drunk Driving Accidents Involving Minors: If a bar serves alcohol to a minor who then drives and injures someone, the bar may be responsible under Florida’s dram shop law.
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Repeat Offenders and Habitual Drinkers: If a restaurant knowingly serves a visibly intoxicated patron known to be alcohol-dependent, and that person causes harm, the restaurant may face liability.
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Assaults and Fights: Victims of violent assaults may also pursue dram shop claims if the aggressor was unlawfully served alcohol.
Challenges in Proving Dram Shop Liability
Dram shop cases in Florida are fact-intensive. To prevail, the injured party must prove that the establishment either:
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Willfully served a minor, or
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Knowingly served someone who was habitually addicted to alcohol.
This often requires:
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Surveillance footage,
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Eyewitness testimony,
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Receipts showing the amount of alcohol served,
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Medical or treatment records showing habitual addiction.
Why Dram Shop Cases Matter
While the at-fault drunk driver or individual who caused harm may be primarily responsible, they may not have adequate insurance or assets. A dram shop claim can offer a secondary source of recovery, especially when serious injuries or fatalities occur. Additionally, dram shop laws serve as a deterrent against reckless alcohol service.
Consult a Florida Personal Injury Attorney
If you or a loved one has been injured in an alcohol-related incident, it’s important to consult an experienced Florida personal injury attorney. A lawyer can help determine whether dram shop liability applies and guide you through the complex evidence-gathering process needed to build a strong case.
Contact Us Today
We understand the devastation alcohol-related injuries can cause. Our team is ready to help you explore every possible avenue for compensation, including dram shop liability. Contact us for a free consultation and let us fight for your rights.
Have you or someone you know been injured as a result of an alcohol related incident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
