After an accident caused by an intoxicated person, victims often deal with financial burdens and worsening physical and emotional health. If alcohol was overserved to the person responsible, you may have the right to seek compensation under dram shop liability laws.
The injured victim must prove negligence, which requires strong evidence, such as showing a bar or restaurant served alcohol to someone visibly intoxicated or underage. Establishments and insurers also push back against these claims, making it difficult for victims to recover damages for their losses.
You should always contact a legal professional who can explain the next steps and protect your legal rights to compensation.
Our skilled Orlando DUI accident attorneys at Miller and Jacobs, Accident Attorneys, can investigate the incident, gather evidence, and build a strong case against the negligent party.
Dram Shop Liability Key Takeaways
- Dram shop liability laws hold bars, restaurants, liquor stores, and sometimes social hosts accountable for overserving alcohol.
- Liability applies when establishments knowingly serve underage patrons or habitually addicted individuals.
- Victims may sue a bar if overserving contributed to a DUI accident.
- Acting quickly; waiting too long to hire an attorney may harm your claim.
- A DUI accident lawyer gathers evidence, proves negligence, and fights for fair compensation, including drunk driving settlements.
- Call a DUI accident attorney to protect your right to compensation.
What Are Dram Shop Liability Laws
What Is Dram Shop Liability?
Dram shop liability refers to the legal responsibility imposed on establishments that serve or sell alcoholic beverages for injuries or damages caused by their intoxicated patrons. The term “dram shop” comes from 18th-century taverns that sold alcohol by the “dram,” a small unit of liquid measure.
These laws hold bars, restaurants, liquor stores, and other alcohol vendors accountable when they serve alcohol irresponsibly. These regulations create a legal framework that extends liability beyond the intoxicated individual who directly caused harm.
Florida’s Dram Shop Law
Florida takes a more restrictive approach to dram shop liability than many other states. Under Florida Statute § 768.125, a general rule shields establishments from liability when they serve alcohol to adults of legal drinking age.
However, there are two narrow exceptions where liability may arise:
- Serving alcohol to underage individuals.
- Serving alcohol to habitually addicted persons.
Exception One: Serving Minors
An establishment can be held liable if it knowingly sells or supplies alcohol to someone under 21. This law was enacted to hold vendors accountable if an underage person, after being unlawfully served, causes an accident or injury while intoxicated.
A DUI accident lawyer can prove that the business willfully served alcohol to someone it knew was underage.
Exception Two: Serving Habitually Addicted Persons
Florida courts define a habitually addicted person as someone whose dependence on alcohol is so strong that they cannot resist drinking whenever given the chance. Their drinking must be frequent, excessive, and dominant in their life.
To prove liability, the injured victim must show the establishment knowingly served alcohol to such a person. Proving fault is challenging, since bars and restaurants must have actual knowledge of the addiction, something not always obvious, as many individuals hide it.
Who Is Liable Under the Dram Shop Law
Who Can Be Held Liable Under Florida’s Dram Shop Law
Under Florida Statute § 768.125, liability applies only in limited circumstances. Anyone who sells packaged alcohol or serves alcoholic beverages may face responsibility for damages caused by intoxicated patrons. Those who may be liable include:
- Bars and restaurants
- Liquor stores and nightclubs
- Social hosts serving alcohol at private gatherings
How A DUI accident Lawyer Can Prove Liability
A DUI accident lawyer can help victims overcome Florida’s restrictive rules by:
- Collecting receipts, surveillance footage, and bar records
- Interviewing witnesses to establish knowledge of age or addiction
- Reviewing training policies and prior violations of alcohol service laws
Elements of a Florida Dram Shop Case
To prove liability, injured victims must show that:
- The establishment knowingly served an underage person or a known alcoholic
- The patron’s intoxication was a direct or proximate cause of the accident or injury
Because of the narrow legal standards, proving dram shop liability in Florida can be difficult without skilled legal representation.
Why Legal Representation Matters
Florida’s dram shop laws create a high burden of proof for victims. An experienced DUI accident attorney can build a strong case, demonstrate negligence, and pursue compensation for:
- Economic damages
- Non-economic damages
- Punitive damages
With the support of a DUI accident lawyer, you stand a better chance of securing fair and just compensation for your losses.
Can You Sue a Bar for DUI
Yes, you can potentially sue a bar for a DUI accident in Florida, but only under limited circumstances. Florida code stipulates that “A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person”.
However, if an intoxicated person has injured you, you can file a civil lawsuit. You can sue the bar, nightclub, restaurant, or stadium that sold them alcohol if they were underage or a known alcoholic.
While bars and restaurants are not automatically liable for every DUI accident, they can still face legal consequences. An injured victim can use a personal injury lawyer experienced in dram shop liability to show the establishment was negligent in serving alcohol to someone who shouldn’t have been served in the first place.
The establishment must have knowingly served alcohol to a minor or someone they knew was habitually addicted to alcohol. In dram shop cases, instead of an individual bringing a direct suit against the party who caused the accident, the legal liability would be assigned to a third party.
Injured victims must act fast to protect their legal right to compensation. Victims only have four years from the date of injury to bring a case against a dram shop. They should also secure evidence that vanishes in the days and weeks following the accident.
Average Settlement Hit by a Drunk Driver
There is no average settlement for a car accident caused by an intoxicated driver. The outcome depends on the facts and circumstances of the crash. Some of the factors that influence how much you can receive after an accident by a drunk driver include:
Availability of Evidence
The strength and availability of evidence prove the extent of your losses and support your compensation claim. Strong evidence typically leads to higher settlement amounts, while insufficient proof can result in lower compensation.
Evidence is the foundation of a successful claim in dram shop liability cases since victims must prove the establishment’s negligence in serving alcohol. Several elements are involved in initiating the case against the establishment, such as the deposition of other patrons in the bar who had seen the intoxicated driver buying drinks.
A skilled DUI accident attorney can use different sources of evidence, including surveillance footage, witness testimonies, receipts, and server training records, to strengthen your case against the drunk driver and the serving establishment.
Shared Fault
The shared fault principle can determine whether you’ll receive a higher or a lower settlement value. The legal doctrine applies when victims share responsibility for the accident. If a victim is found partially at fault, their compensation decreases proportionally.
However, when dram shop liability is established, additional defendants can offset reduced compensation from the drunk driver. A DUI accident attorney can help identify all liable parties, potentially including bars, restaurants, or social hosts who contributed to the accident by illegally serving alcohol.
Insurance Coverage of the Negligent Party
The negligent party’s insurance coverage is primarily the source of compensation for the injured victim. Therefore, the drunk driver’s insurance coverage limits can cap potential recovery amounts, with uninsured or underinsured drivers leading to lower settlements.
However, when establishments become liable under dram shop laws, victims gain access to additional insurance coverage, potentially resulting in higher overall settlements. A knowledgeable dram shop liability attorney can assess all available insurance policies to maximize recovery potential.
Legal Representation
Working with a legal professional in a dram shop liability claim enhances the chances of a positive outcome. A skilled lawyer typically secures higher settlements by establishing the value of your losses, negotiating effectively, and leveraging their knowledge of insurance tactics.
A dram shop liability attorney also understands the specific requirements for proving establishment liability. For example, they can demonstrate that servers knew or should have known the patron was intoxicated or underage.
The input of a DUI accident lawyer can mean the difference between a modest settlement from the driver and substantial compensation from multiple liable parties.
Severity of Injury
The nature and severity of an injury can determine if you’ll receive a lower or a higher settlement value. Catastrophic injuries involving permanent disability, extensive medical treatment, or long-term care needs result in higher settlements, while minor injuries typically yield lower compensation.
Catastrophic injuries like traumatic brain injuries yield higher settlement values to cater to surgeries, hospitalization charges, rehabilitation, and emergency room charges. Victims with severe injuries may also receive higher settlement values for lost income and diminished earning capacity.
When Is It Too Late to Get a Lawyer for a Car Accident
You should hire a DUI accident lawyer immediately after a crash caused by an intoxicated driver. Florida generally requires injured victims to file negligence-based injury claims within two years from the date of injury.
You can lose your right to compensation after the two-year limitation period.
You should hire a lawyer immediately, especially when dealing with severe injuries that require extensive medical treatment and long-term care. Cases involving severe injuries require thorough investigation of the establishment’s serving practices, employee training records, and surveillance footage, evidence that can disappear quickly.
A dram shop liability attorney can help solve liability disputes between the drunk driver and the serving establishment. They can help understand Florida’s restrictive dram shop laws and prove the bar’s knowledge of serving minors or habitually addicted individuals.
When insurance companies present low settlement offers, you should speak with a DUI accident attorney at Miller and Jacobs, Accident Attorneys. They can help identify additional sources of recovery beyond the drunk driver’s limited insurance coverage.
Never wait to begin the process by consulting a lawyer, as the success of your claim depends on swift action.
Get Legal Support From an Experienced Dram Shop Liability Lawyer
You’re likely to endure financial strain after being injured in an accident caused by an intoxicated driver. For example, a severe arm fracture from the crash can keep you from work for months, leading to loss of income.
While you may be entitled to compensation for your losses, the negligent party’s insurer may reject your claim or downplay your injuries. A Orlando personal injury lawyer at Miller and Jacobs, Accident Attorneys can use evidence to negotiate with insurers or litigate for a fair settlement value.
Contact us at (877)848-5297 to schedule a free consultation.
Dram Shop Liability Frequently Asked Questions
What Is the Third Party in a Dram Shop Liability Lawsuit?
In a dram shop liability lawsuit, the third party is typically the injured victim who was harmed by an intoxicated person. They can be someone hurt in a drunk driving accident, assault, or other incident caused by someone who was over-served alcohol.
The third party sues the establishment that served the alcohol, seeking damages for the injuries caused by the intoxicated patron’s actions.
What Is the Primary Difference Between Common Negligence and Dram Shop Liability?
The primary difference is the duty of care. Common negligence requires proving that the defendant owed and breached a duty directly to the plaintiff. Dram shop liability is statutory, imposing specific legal obligations on alcohol vendors to avoid over-serving patrons.
While common negligence follows traditional tort principles, dram shop liability creates specialized responsibilities for establishments serving alcohol to prevent foreseeable harm.
Dram Shop Laws Are Established at What Level?
Dram shop laws are established at the state level, with each state having its own statutes and liability standards. Florida Statutes § 768.125 is the state’s dram shop law, which primarily protects businesses from liability except when serving alcohol to minors or those known to be habitually addicted to alcohol.