How Dram Shop Laws Affect Liability in Drunk Driving Accidents

If you’ve been involved in an accident caused by a drunk driver, you might wonder if the bar or restaurant that served the alcohol could be held responsible for your injuries. In many states, that might be the case. But in Florida, things are a bit more complicated.

At Rue & Ziffra, we want to help you understand how Florida’s dram shop laws work and when you might be able to hold an alcohol-serving establishment liable for your injuries. Dram shop cases in Florida have some specific rules that limit liability for businesses, but there are exceptions, and we’ll walk you through them.

What Are Dram Shop Laws?

Dram shop laws are laws designed to hold bars, restaurants, and other establishments that sell or serve alcohol accountable for injuries caused by an intoxicated patron. These laws vary across states, and Florida’s version offers a high level of protection to alcohol vendors. Here, businesses generally won’t be held responsible if a customer they served causes an accident while intoxicated.

Example: If a 25-year-old has too many drinks at a bar, drives away, and causes a crash, the bar likely won’t be liable for your injuries. Florida’s laws are designed to protect businesses from being blamed for the actions of their adult patrons, except in certain specific situations.

The Two Key Exceptions to Liability in Florida

While Florida’s dram shop laws mostly protect establishments, there are two crucial exceptions to this rule where a bar, restaurant, or liquor store can be held liable for injuries caused by an intoxicated person.

1. Serving Alcohol to Minors: If an establishment serves alcohol to someone under the legal drinking age of 21, they can be held responsible for any damage or injury caused by that minor. This means that if a 19-year-old was illegally served alcohol at a bar, and they then drove and caused an accident, the bar could be sued for any injuries that occurred.

   Example: Imagine a bar serves alcohol to a 19-year-old, who then gets behind the wheel, drives, and crashes into your car, causing you severe injuries. In this case, the bar may be liable because they violated the law by serving a minor. Even if the bar didn’t know the person was underage, they could still be held responsible.

2. Serving Habitually Addicted Persons: The second exception involves individuals who are “habitually addicted” to alcohol. If a business knowingly serves alcohol to someone who is a habitual alcoholic and that person goes on to cause an accident, the establishment can be held liable.

   Example: Suppose a bartender knows that one of their regular customers is an alcoholic and continues to serve them excessive amounts of alcohol. If that customer drives away intoxicated and injures someone, the bar could be held responsible because they knowingly contributed to the risk by serving someone they knew had an alcohol addiction.

However, proving this type of case is challenging. The injured party must show that the establishment knew the customer was habitually addicted to alcohol, which often requires extensive evidence.

The Challenge of Proving Liability

In Florida, proving a dram shop case isn’t easy. The burden of proof lies heavily on the victim (or plaintiff). For a case involving a minor, the plaintiff must prove that the establishment willfully and unlawfully sold alcohol to the underage person. This can often be clear-cut if there’s evidence that a bar failed to check ID, for example.

For cases involving “habitually addicted” persons, the challenge is even greater. The plaintiff needs to demonstrate that the establishment knew the person was addicted to alcohol and served them anyway. This could involve witness testimony, medical records, or other types of proof that are sometimes difficult to obtain.

Additionally, there’s a time limit for filing these claims. In Florida, dram shop cases must be filed within four years from the date of the injury. That may sound like a lot of time, but the complexity of gathering evidence and building a strong case means it’s critical to act quickly.

What About Social Hosts?

One question we often get is whether a host at a private party can be held responsible if they serve alcohol and one of their guests causes an accident. In Florida, social hosts are generally not held liable for the actions of their intoxicated guests. However, just like with businesses, there’s an important exception: if a social host provides alcohol to a minor, they can face serious consequences, including potential liability for any resulting injuries.

Example: If you’re at a house party and the host serves alcohol to a 17-year-old, and that teen later causes a drunk driving accident, the host could be legally responsible for the injuries that result. In cases like these, the host could also face criminal penalties for supplying alcohol to a minor.

Why You Should Consider Legal Representation

Navigating Florida’s dram shop laws can be complicated. These cases require a deep understanding of the law, attention to detail, and substantial evidence. The burden of proof on the injured party is significant, and the legal complexities are not something most people can easily manage on their own.

If you or a loved one has been injured in an accident caused by an intoxicated person, especially if a minor or a habitual alcoholic was involved, it’s crucial to seek the advice of an experienced attorney. Our injury attorneys have a deep understanding of Florida’s dram shop laws and have helped numerous clients recover compensation for their injuries.

Taking the Next Step: Protecting Your Rights Under Florida’s Dram Shop Laws

Florida’s dram shop laws are designed to protect alcohol-serving establishments from liability in most cases, but there are critical exceptions—especially when minors or habitually addicted individuals are involved. If you’ve been injured in a drunk driving accident and believe that a bar, restaurant, or even a social host might share responsibility, you should explore your legal options as soon as possible.

Rue & Ziffra is here to help guide you through these complicated laws and fight for the compensation you deserve. Don’t hesitate to reach out to us for a free consultation. We’re here to answer your questions and help you understand your rights.