Can a Business Be Held Liable for Serving Alcohol to a Drunk Driver Who Causes a Car Crash in Florida?
According to the National Highway Traffic Safety Administration (NHTSA), around 37 lives are lost in the U.S. every day due to drunk-driving crashes; that’s one person every 39 minutes. While drunk drivers may be blamed for such tragedies, you might wonder if the bar or restaurant that served them alcohol could also be liable. In Florida, the answer to this is a bit complex. If a drunk driver in Florida has injured you, understanding who might be legally responsible is essential. Let’s break it down further.
Florida’s Dram Shop Laws
In Florida, a business that serves alcohol can sometimes be held liable for car crashes involving intoxicated patrons under “dram shop” laws. Dram shop laws allow victims of drunk driving accidents to seek compensation from third parties like bars or liquor stores if they irresponsibly served alcohol. Unlike many other states, Florida’s dram shop laws are more restrictive, only giving two scenarios where you can hold a business responsible:
- Serving alcohol to underage individuals
- Knowingly providing alcohol to someone who is habitually addicted
Liability for Bars and Restaurants
Florida Statute §768.125 states that businesses cannot be liable for injuries or damages caused by an intoxicated patron. However, a business may face liability for car crashes caused by intoxicated minors or individuals who are “habitually addicted.” In these cases, it’s assumed that the business failed to act responsibly, knowing these patrons may lack the capacity to make safe decisions. Even a drunk driver can seek compensation from the bar that served him alcohol if the bartender or responsible party served him, knowing very well he has alcohol dependence.
Liability for Liquor Store and Social Hosts
Liquor stores can also be held liable for drunk driving crashes even if they sell alcohol in closed containers that may not be consumed on-site. If a liquor store sells alcohol to a minor, they can be held responsible even if the seller was unaware the customer was a minor when making the sale. Similarly, social hosts can also be held accountable for injuries and damages caused by drunk driving if they willingly and knowingly provided alcohol to a minor at the gathering.
Proving a Dram Shop Claim
Proving a dram shop claim in Florida can be complex. You must prove that the establishment knew the customer was underage or habitually addicted to alcohol. The case can be straightforward if there’s clear evidence that the business failed to check ID. However, for cases involving habitually addicted patrons, this can be harder to prove as you must demonstrate that the business knew the person had an alcohol dependence but served them alcohol anyway. This may involve gathering evidence, including witness testimony, or medical records, which can be challenging to obtain. Additionally, Florida’s statute of limitations requires you to act fast so you are not barred from seeking compensation.
Why Legal Representation Matters
Navigating Florida’s dram shop laws requires legal expertise, as these cases involve substantial evidence and detailed legal knowledge. If you’ve been injured due to an intoxicated driver, especially involving a minor or habitual alcoholic, consulting an experienced attorney is crucial.
Contact a West Palm Beach Car Accident Lawyer
Our dedicated West Palm Beach Car accident lawyer at The Pendas Law Firm can help you explore your legal options. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Fort Myers, Miami, Daytona Beach, Orlando, Bradenton, Jacksonville, Fort Lauderdale, Naples, and Melbourne areas.
Source:
nhtsa.gov/risky-driving/drunk-driving
