Dram shop liability covers a wide range of different types of establishments and activities–bars, country clubs, restaurants, and social events. When individuals who serve alcohol at such places do not take public welfare into account and over-serve their customers, innocent people are often the ones who have to pay the price for this carelessness. Dram shop law cases can be particularly difficult. The attorneys at Robinson & Casey have been successful in many cases involving dram shop laws, and are deeply skilled at uncovering the facts behind these kinds of cases.
Suffering injuries in a drunk driving accident or an assault by an intoxicated person can leave you facing serious injuries along with a long path to recovery and substantial economic losses. You may have bills that are piling up while you have also suffered income losses from an inability to return to your job. In addition to filing a civil lawsuit against the intoxicated person who negligently or intentionally caused your injuries, most state’s laws, including Florida, also allow you to seek the recovery of compensation from the establishment that sold alcohol to the perpetrator when he or she was visibly intoxicated.
If an intoxicated person has injured you, you may be able to file a civil lawsuit against the bar, nightclub, restaurant or stadium that sold him or her alcohol if he or she was underage or a known alcoholic. The lawyers at Robinson & Casey may be able to help you with your claims against both the intoxicated person and determine who provided him or her alcohol to maximize the amount of your recovery.
What Is A Dram Shop Law In Florida?
A dram shop law is a law that covers businesses that sell alcoholic beverages. The law gets its name from a British measurement called a dram; alcohol, particularly gin, used to be sold in units called “drams.” Dram shop laws in most states establish liability on a negligence basis, for serving alcohol to a patron whom the server knows or reasonably should know has a problem with alcohol, or for serving alcohol to someone under the legal drinking age. Traditionally, the laws were designed to change the drinker’s behavior, but they have evolved to focus on protecting other people from the actions of the intoxicated person.
Under Florida’s dram shop law, businesses are not permitted to sell alcohol to people who have a known drinking problem or who are underage. Liquor stores, restaurants, bars, nightclubs, stadiums, and other entities that regularly sell alcoholic beverages must not sell them to people who are already intoxicated or to underage people. When a business sells alcoholic beverages to a visibly intoxicated or underage person, the business may be held liable to pay damages if the drinker subsequently injures or causes the death of someone else.
Dram Shop Law Violations
Violations of the dram shop law in Florida, Fla. Stat. § 768.125 include:
- To willfully and unlawfully sell alcohol to someone younger than age 21; and
- Knowingly selling alcohol to someone who is habitually addicted to alcohol
When a person known to have a habitual problem with drinking in a bar asks for drink (or another drink), the cocktail server or bartender is supposed to refuse and should offer to call a cab for the person. If the bartender or server goes ahead and allows the habitual drinker to drink or to continue drinking, the business may be liable to pay damages to anyone who is subsequently injured in a drunk driving accident or assault by the drinker.
What about Social Hosts?
Although the wording of Florida’s Dram Shop statute imposes liability on “[a] person” who furnishes alcoholic beverages to a minor or an alcoholic and such person then causes harm to another person or to themselves, the law may not apply to social hosts who provide alcohol at private social gatherings, although there may be liability for Social Hosts depending upon the circumstances, such as a catered function or event held at a private home. A social host may, however, face criminal penalties or other sanctions for providing alcohol to a minor. If you or a loved one were injured by a drunk driver that left such an event, give the experienced Attorneys at Robinson and Casey a call to investigate and determine whether liability exists.
Proving Fault In Dram Shop Law Claims
While the state’s dram shop law may allow you to recover damages from the establishment that provided alcohol to the person who injured you, proving liability can be difficult.
To prove liability under Florida’s dram shop law, you will need to prove the following:
- The bar or other establishment sold or provided alcohol to a person who was underage or sold alcohol to a known alcoholic;
- The patron’s intoxication was a proximate or direct cause of the accident and injuries; and
- The plaintiff suffered harm as a result.
In establishing a cause of action against an alcoholic-beverage vendor for the negligent sale of alcohol to a habitual drunkard under the statute, knowledge by the vendor that the person being served was a habitual drunkard can be properly established by circumstantial evidence such as by a showing that the vendor served the individual a substantial number of drinks on multiple occasions.
An experienced lawyer will investigate your case through careful analysis, closely reviewing police reports, laboratory testing, securing statements from witnesses both inside and outside of the establishment and reviewing video. They can also consult with toxicology experts who may be able to support the claim through detailed analysis of the way the human body metabolizes alcohol over time.
Potential Damages In A Dram Shop Law Claim
The damages that you may recover in a dram shop liability claim will depend on the extent, nature, and severity of your injuries. Since every case has unique injuries and facts, the damages that may be recovered will vary from case to case. Some of the types of damages that may be recoverable include past and future medical expenses, past and future income losses, property losses, physical pain and suffering, mental anguish, scarring and disfigurement, disability, loss of the ability to enjoy life, and loss of consortium.
Dram Shop Law – Liquor Liability Get Help from Robinson & Casey
If you or a loved one have been seriously or injured in an accident or assault involving alcohol, getting legal help as soon as possible might make a difference in the outcome of your claim. You may have legal rights to recover compensation from the negligent or wrongful person who injured you and the bar or other establishment that furnished alcohol to him or her. The experienced team of personal injury attorneys at Robinson & Casey has helped thousands of accident and assault victims. Call us today to schedule a free case evaluation so that you can learn more about your rights at 561-375-5204.
