How liable are bars and establishments serving alcohol when a customer is involved in drunk driving? Most individuals, locals or tourists, visiting bars to drink with friends are out to have a good time. However, what was supposed to be a fun night of drinking can suddenly turn bad when an intoxicated person gets behind the wheel and injures another road user or pedestrian. 

In Florida, the dram shop liability law assigns partial responsibility to bar and establishment owners for over-serving customers with alcohol. How does this apply to your case if you or a loved one was involved in a drunk driving incident? What should you know to be able to protect your rights and seek compensation for damages? Keep reading to find out…

Overview of Florida’s Dram Shop Laws 

Dram shop laws are established to hold bars, businesses, and other establishments accountable for selling alcohol to someone who directly causes injury to others or damage to properties. The law gives victims the right to seek compensation from these businesses that provide the alcohol, but only if they fall within predetermined conditions and jurisdiction.

However, the dram shop laws in Florida are limited compared to other states. Understanding the difference is crucial so you know your rights as a victim. As per Florida Statute 768.125, two conditions limit a victim’s ability to pursue a person or business that sells alcoholic beverages to someone liable for an injury due to intoxicated driving.

The first limitation under Florida law is that you can only pursue compensation for injury or damage due to drunk driving from a business establishment if they serve alcohol to minors. The legal drinking age in Florida is 21, which means if a business knowingly serves alcoholic drinks to a minor and causes injury or damage for driving while intoxicated, then the business is partly liable for those damages.

The second limitation is if the establishment in Florida serves alcohol to someone who habitually drinks alcohol. Therefore, you can pursue compensation if they still served alcohol to that individual, resulting in injuries or damages. This aspect of the dram shop liability law in Florida is more challenging to prove, except when that individual is known in the community for their alcoholic habits.

Potential proof of dram shop liability in a car accident case.

What is the Purpose of the Dram Shop Liability Laws?

Some might argue that assigning liability to the establishments serving alcohol to the intoxicated individuals involved in a car accident seems far-reaching. In essence, buying alcohol from a business is like a social contract. The idea of a dram shop originated in the 18th century in England, wherein bars and pubs serve customers small quantities of alcoholic drinks (or their favorite spirits) after a long day’s work. It emphasizes the social responsibility that governs the selling of alcohol. This law explicitly addresses that, which is why businesses share the responsibility for the consequences of selling alcohol to consumers. Furthermore, it emphasizes the social responsibility of someone not to drink and drive due to the dangers associated with that act. 

While in today’s society, this law seems to be punitive, it wasn’t intended to place blame on businesses serving alcohol but rather to promote a positive drinking culture. Businesses are encouraged not just to serve alcohol but also to train their staff to identify signs of intoxication and make decisions to refuse to serve someone alcohol when they show these signs. It is the contribution of businesses to making the community in which they are part of safer, especially since the number of alcohol-related car accidents in Miami is significant and alarming. 

Businesses are for-profit entities; therefore, it is only natural for them not to deny customers asking to be served alcoholic beverages. But as the ones serving alcohol, businesses should play a vital role in serving alcohol within reasonable limits to the public, rather than being driven completely by profit. Since they provide customers access to alcohol, they are liable for any actions committed by an intoxicated individual, including damage or injury. 

Proving Fault in Dram Shop Liability Claims

Proving fault is critical to seeking compensation for injuries or damages resulting from establishments serving alcohol to an individual, resulting in their intoxication that resulted in a vehicle accident. However, proving fault is difficult. 

The Florida law requires you to prove the following to showcase the liability of the business under the dram shop law:

  • The bar or establishment sold the alcohol to the drunk driver
  • The individual’s intoxication directly resulted in the accident
  • The victim suffered injury or damage to their vehicle as a result of drunk driving

It is difficult to prove fault unless you have adequate evidence. An experienced car accident lawyer in Miami can help you build a strong case through careful analysis and reviewing police reports. They can also help in organizing witness accounts that would testify on your behalf about the negligence of the establishment in serving alcoholic drinks to the person involved in a drunk driving incident.

Before filing a case against an establishment in Florida, you should discuss it with your Miami car accident lawyer. This law is not straightforward and there are many loopholes you have to master to ensure you win the case and have a successful claim. 

A car accident scene in Florida involving a drunk driver.

What Types of Compensation Can You Get in a Dram Shop Liability Claim in Florida?

You may seek various types of compensation from establishments under the Florida dram shop law. It depends on the type and extent of the injury or damage. If there are injuries, it will also vary based on the severity of these injuries.

Since every case is unique and the circumstances surrounding them differ, the amount you can recover for damages will vary on a case-to-case basis. It can include but is not limited to the following:

  • Medical expenses
  • Income losses
  • Property damage or losses
  • Physical pain or suffering
  • Disability
  • Loss of consortium
  • Trauma

Therefore, you need an experienced lawyer who can carefully outline the details of your case and the variable factors that can boost your chances of getting the compensation you deserve. Speaking to a lawyer helps in protecting your rights and for it to become a lesson to other businesses in Miami to be more proactive in their role in reducing injuries and damages (or even deaths) resulting from intoxicated driving.