Dram Shop Laws in Florida

Dram shop laws are any regulations that hold taverns, bars, restaurants, or any establishment that sells a person alcohol responsible for the actions of drunk patrons. It typically applies to drunk driving cases in which an innocent third party is injured. Legal action is usually pursued by an injured person or the family of the at-fault motorist against the venue that furnished the alcoholic beverage.

If you were injured due to a drunk driver who was overserved, our Florida car accident lawyers can evaluate how dram shop liability may pertain to your case.

Florida Statute §768.125

Florida dram shop laws are less strict than other states, providing protection to establishments that sell alcohol to customers. Fla. Stat. §768.125 states that any person or business that sells a person alcohol is protected from liability. Two notable exceptions to this law include if the person is underage or if the person is habitually addicted to alcohol. Liability may be found with bartenders, servers, and business owners.

Proving Liability Under Dram Shop Laws

If the at-fault driver does not have sufficient coverage with his or her auto insurer, then you may need to consider filing a personal injury suit. Under the law, an establishment will be held liable for serving a minor alcohol. It is the responsibility of servers and bartenders to ask for ID to confirm that a person is at least 21 years of age before providing alcohol.

If you were hit by an underage driver, you would need to provide evidence showing that the driver was at the said establishment prior to your accident. Evidence may include testimony of other customers at the establishment, surveillance footage, or even receipts.

While proving that a venue served alcohol to an underage customer may be straightforward, showing that a patron has chronic issues with alcohol can be more complex. Our Florida car accident lawyers can assist you in gathering this evidence, including retrieving past receipts showing that the individual has a history of purchasing alcohol at that business.

Recent Changes in Florida Personal Injury Law

Under Florida law, a plaintiff is only given two years to take legal action against a negligent party. Additionally, the victim will be unable to recover damages above the amounts rendered for medical services and treatments. The law also bars personal injury victims from recovery if they are deemed more than fifty percent at fault. These recent legislative changes make it more difficult for injury victims to recover compensation.

Keep in mind that the insurance company will make it their mission to dig up any information, placing the blame on you. When you hire Mickey Keenan P.A., our attorneys will investigate your matter, gather pertinent evidence, and work on crafting a case that will give you the best chance of recovering maximum compensation. In working with our Florida legal team, you are taking the necessary steps to protect your rights.

Speak with a Florida Car Accident Attorney Today

If you were injured due to another person’s inebriation, our attorneys are ready to assist you. We understand that car accident injuries can cause exorbitant bills, which can make it difficult to meet your basic financial needs. To learn how our Florida car accident attorneys can help you, contact us online or by phone to arrange your consultation.