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Understanding Florida’s “Dram Shop Law”

When an intoxicated minor gets into a car accident and injures another individual or themselves, people always ask, “Well, how did they get the alcohol?”

Or when a notorious drunk causes a devastating accident, people want to know who served his last drink, and why they did not think to say, “You’ve had enough.”

When alcohol is involved, people almost always want to blame a third party for the intoxicated individual’s accident. Well in Florida, they can.

Florida’s dram shop law allows an injured person to seek compensation from a third party—such as a bartender, liquor store owner, or social host—that provided the alcohol to the individual that caused the alcohol-related accident.

What Is the “Dram Shop Law”?

According to Florida Statute 768.125, any person who sells alcohol to an underage individual will be held liable for any accidents or injuries caused by that individual while in their intoxicated state. Furthermore, any person who knowingly sells alcohol to an individual with a known drinking problem may become liable for any accidents or injuries caused by that individual while in their intoxicated state.

However, unlike dram shop law in other states, Florida’s law does not mention anything about serving alcohol to an already intoxicated individual. With that in mind, a bartender, liquor store clerk, or social host cannot be held liable just for continuing to serve an over-served individual.

Damages Typically Awarded in a Dram Shop Case

The dram shop law is essentially the same as personal injury liability law, except that instead of suing the party that injured you directly, you would sue a third party individual for damages that are alcohol-related.

Damages you may recover in this type of case include:

  • Compensation for medical bills, including the cost of ambulatory care, emergency room care, surgery, hospitalization, medication, and rehabilitation;
  • Compensation for lost wages, including any wages and benefits that may have reasonably been earned had you not been injured;
  • Compensation for destroyed property, including damaged vehicles, fencing, a housing structure, and the like; and
  • Compensation for pain and suffering.

When to Contact an Orlando Personal Injury Lawyer

If you or a loved one was injured in an alcohol-related accident, you may be able to hold a third party accountable for any damages or losses accrued. To see if your injuries qualify for a Dram Shop case, contact the Orlando personal injury lawyers at The Pendas Law Firm at 1-844-200-0000 to schedule your initial consultation today. We also serve clients in the West Palm Beach, Tampa, Jacksonville, Miami, Fort Lauderdale, and Fort Myers areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod