Florida’s Dram Shop Laws: Holding Establishments Accountable for Drunk Driving Accidents

In Florida, if you’ve been injured in a drunk driving accident, you might not only seek compensation from the driver but also from the establishment that served them. Florida’s dram shop laws provide a pathway for holding bars, restaurants, and other alcohol-serving establishments accountable for their role in drunk driving accidents.

What Are Dram Shop Laws?

Dram shop laws are regulations that hold alcohol-serving establishments responsible for harm caused by their patrons if the establishment served alcohol to someone who was visibly intoxicated or underage. These laws are named after “dram shops,” historical terms for establishments that sold alcoholic beverages.

In Florida, dram shop laws are primarily governed by Section 768.125 of the Florida Statutes. This statute allows for a legal claim against an establishment if it can be shown that the establishment’s service of alcohol contributed to an accident.

Key Aspects of Florida’s Dram Shop Laws

Service to an Intoxicated Person: To hold an establishment liable under Florida’s dram shop laws, you must prove that the establishment continued to serve alcohol to a person who was visibly intoxicated. This means the person’s level of intoxication was evident to the servers or management.
Service to a Minor: Florida law also addresses situations where an establishment serves alcohol to a minor. If a minor is served alcohol and subsequently causes an accident, the establishment may be held liable for the damages resulting from the accident.
Burden of Proof: To succeed in a dram shop claim, the burden of proof is on the injured party. You must demonstrate that the establishment’s service of alcohol was a direct contributing factor to the accident. Evidence such as witness testimony, surveillance footage, or server logs can be crucial in proving your case.
Comparative Negligence: Florida follows a comparative negligence system, meaning that if the injured party is found partially at fault for the accident, their compensation may be reduced proportionally. This includes situations where the injured party might have contributed to the accident in some way.
Damages: If a dram shop claim is successful, you may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and more. The goal is to recover damages that help cover the costs and losses incurred as a result of the drunk driving accident.

Steps to Take in a Dram Shop Case

Gather Evidence: Collect as much evidence as possible related to the accident and the establishment’s service of alcohol. This can include photographs of the scene, medical records, witness statements, and any documentation showing the establishment’s role.
Consult a Personal Injury Attorney: Given the complexity of dram shop claims, consulting with a personal injury attorney experienced in handling such cases can be invaluable. An attorney can help you navigate the legal process, gather evidence, and build a strong case.
File a Claim: Your attorney will help you file a claim against the responsible establishment and negotiate for fair compensation. If necessary, they can also represent you in court.

Conclusion

Florida’s dram shop laws play a critical role in ensuring that establishments serving alcohol are held accountable when their actions contribute to drunk driving accidents. If you’ve been injured in such an accident, understanding your legal rights and seeking compensation from both the intoxicated driver and the establishment can be key to receiving fair compensation for your injuries and losses.

If you need assistance with a dram shop claim or any other personal injury matter, contact a local attorney who can provide guidance and help you through the legal process.