When is a restaurant, bar, or liquor store responsible for damage caused by a customer who gets drunk and later causes an accident? Can a business be held liable for a customer’s actions after they leave their facility? Dram shop laws address these issues, setting the parameters for businesses to help keep the public safe and drunk drivers off the road. If you’ve been injured in an accident caused by a drunk driver, you rightly want to hold all parties accountable for the accident, including the restaurant or bar that served the driver. Below, we discuss Florida’s dram shop laws and whether you can sue a restaurant for serving a drunk patron who later causes an accident.
Florida Dram Shop Laws: An Overview
A dram shop is any place that is legally allowed to serve or sell alcoholic beverages, such as a brewery, bar, restaurant, or liquor store. A ‘dram’ is a unit of measurement for alcoholic drinks, dating back to the 19th century. Most states have some form of dram shop law that indicates the level of responsibility restaurant owners have in ensuring their patrons don’t drive drunk and later cause accidents. Florida’s dram shop laws are noted in Florida Statute 768.125. The law states that a dram shop is not liable for injuries, damage, or death caused by a drunk patron unless an employee at the establishment knowingly and willfully served alcohol to someone underage or to a person known to be “habitually addicted” to alcohol.
Are Bartenders Liable for Drunk Drivers in Florida?
Proving that a bartender is responsible for your injuries caused by a drunk driver is challenging. In many other states, dram shop laws hold bartenders accountable for injuries due to drunk driving accidents if the patron showed clear signs of being intoxicated and the bar didn’t take any steps to prevent them from driving. The only time a bartender would be liable for your injuries during a DUI accident in Florida would be if they knowingly served alcohol to a patron under 21 years of age or served someone they knew was habitually addicted to alcohol. If you think the bar that served the drunk driver who hit you is partially responsible for your injuries, contact our team at the King Law Firm to discuss whether you can pursue a claim.
Proving A Dram Shop Law Violation
For a restaurant to be liable according to Florida’s dram shop laws, they must have knowingly served an underage customer or served alcohol to a customer who is addicted to alcohol. However, proving that a restaurant or bar has this knowledge is challenging. Experienced bartenders may be able to spot the fake ID of an underage drinker or tell if they’re underage by their behavior when they enter the bar. Proving the restaurant knew a customer was an alcoholic and was served directly before the accident takes much more investigation. It requires witness testimonies, employee interviews, physical evidence such as bar tab receipts, and surveillance video footage showing how often the customer visited and their behavior at the bar.
However, accident victims have been able to recover millions of dollars from bars and restaurants that served drunk patrons who later caused accidents. One example is a notable case out of Miami from 2015. In this case, the family of a woman who was killed in an accident caused by a drunk driver was awarded $95 million in damages from a bar owner who overserved the driver during a Christmas party.
Injured by a Drunk Driver? Call The King Law Firm
Building a case against the bar or restaurant that served the customer who later caused a DUI accident can be challenging. However, there are times when a restaurant is responsible for overserving a patron, and they should be held accountable for the injuries they cause you. At The King Law Firm, we represent accident victims and investigate to hold any responsible party accountable for your injuries. Call our Ocala personal injury attorney at 352-629-8747 to discuss your case.
