What is Dram Shop Liability? Everything You Need to Know
Imagine enjoying a night out with friends, only to have it turn tragic due to someone else's intoxication. If a drunk driver injured you or a loved one, reach out to an experienced Fort Lauderdale car accident attorney. In Florida, this partially comes under the purview of dram shop liability.
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What Is Dram Shop Liability?
Dram Shop laws hold businesses accountable when they sell alcohol to someone who causes harm to others due to intoxication.
Essentially, these laws allow victims of accidents involving intoxicated individuals to seek compensation from the business that provided the alcohol. This happens under certain conditions, depending on the jurisdiction.
Florida’s Dram Shop Laws
Florida's approach to Dram Shop liability is somewhat more limited than that of other states.
The law, (Florida Statute 768.125), specifies that a person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person except under two specific circumstances:
1. Sale to a Person Habitually Addicted to Alcohol:
If the establishment knowingly serves alcohol to someone who is habitually addicted to it, they can be held liable for any damages caused by that person's intoxication.
2. Serving Alcohol to Minors:
If an establishment serves alcohol to a person under the legal drinking age (21 in Florida), and that minor causes injury or damage as a result of their intoxication, the business can be held liable.
What is Dram Shop Liability: Dram Shop Scenarios
Let's explore some scenarios where Dram Shop law may come into play in Florida:
Serving Alcohol to Minors
A Scenario at a Party:
Imagine a local bar decides to overlook checking IDs one busy Friday night. As a result, a group of high school seniors manage to buy drinks.
If one of the minors drives home intoxicated and causes an accident, injuring themselves or others, the establishment could be held liable under Florida's Dram Shop law for serving alcohol to underage individuals.
A Wedding Reception Gone Wrong:
A catering company fails to properly verify the ages of guests consuming alcohol at a wedding reception. A minor guest becomes intoxicated and, on their way home, causes a collision.
The catering company could be held responsible for the damages resulting from the accident.
Serving Persons Habitually Addicted to Alcohol
A Known Issue at a Local Pub:
A regular patron at a neighborhood tavern is well-known for his habitual alcohol addiction, including to the staff.
Despite this, he is served alcohol and later causes an accident or engages in violent behavior, resulting in injuries to others.
The tavern could be found liable for continuing to serve someone they knew or should have known was habitually addicted to alcohol.
A Liquor Store Incident:
A liquor store consistently sells alcohol to an individual known in the community (and to the store's employees) for their alcohol addiction.
If this individual, after purchasing and consuming the alcohol, is involved in an incident that causes harm to others, the store might be liable under Dram Shop laws for their role in furnishing alcohol.
When Do Dram Shop Laws Apply?
Dram Shop liability often comes into play in drunk driving accident cases where accident victims seek to hold establishments liable for serving the driver who got behind the wheel, drove drunk, and caused an accident.
However, the scope of these laws extends beyond just those situations. Dram Shop laws can apply in any instance where an establishment knowingly serves a habitual addicted drinker and that individual causes harm or damage.
The application of Dram Shop laws includes, but is not limited to, the following scenarios:
Assaults and Fights:
If an individual becomes intoxicated at an establishment and assaults another person, causing injury, the injured party could hold the establishment liable under Dram Shop laws by proving that it negligently served alcohol to the assailant.
Accidents Involving Pedestrians:
If an intoxicated person leaves an establishment and causes an accident that injures a pedestrian, the business that served the alcohol might be held responsible for the pedestrian's injuries.
Property Damage:
If an intoxicated patron causes property damage after being served alcohol, the injured party could hold the establishment liable for the damages under Dram Shop laws, depending on the circumstances and the state's specific statutes.
Why Dram Shop Liability Matters
You might wonder why these laws are significant. On a broader scale, they are part of efforts to encourage responsible alcohol service and consumption.
By holding businesses accountable for their role in serving alcohol, Dram Shop laws aim to reduce alcohol-related harm in the community.
For individuals affected by the actions of an intoxicated person, these laws provide a potential path for seeking compensation for their injuries and losses.
Challenges of Dram Shop Liability
It's important to understand that pursuing a Dram Shop liability case in Florida is not straightforward.
Proving that an establishment knowingly served alcohol to a minor or someone habitually addicted to alcohol can be complex. It often requires thorough investigation, gathering of evidence, and legal knowledge.
To succeed in a Dram Shop case in Florida, the plaintiff must demonstrate that the establishment knowingly served alcohol to a minor or to someone habitually addicted to alcohol. This can be a high bar to meet and often requires substantial evidence.
Many establishments implement strict policies. Some examples are mandatory ID checks and training for staff to recognize signs of addiction, to mitigate their risk of liability under these laws.
What is Social Host Liability in Florida
Another related concept worth understanding is Social Host liability. This legal principle affects individuals who host social gatherings where they serve alcohol.
Let's break down what social host liability means in the Sunshine State and how it compares to dram shop laws.
Florida’s Social Host vs. Dram Shop Liability
Social Host liability refers to the responsibility of a host who serves alcohol at a party or event when an intoxicated guest causes harm to others. Unlike Dram Shop laws that target commercial entities, Social Host liability focuses on non-commercial settings.
In Florida, social host liability is more limited than in some other states. It primarily centers on the provision of alcohol to minors. A social host can face liability for damages. This happens if they knowingly serve alcohol to a person under 21, and that minor subsequently causes injury or damage due to intoxication.
The Role of Legal Assistance in Dram Shop and Social Host Liability Cases
If a drunk driver caused an accident that injured you, you may have grounds to hold the intoxicated driver liable in a personal injury claim.
Given the complexities of proving such cases, having legal assistance is crucial. An experienced attorney can gather evidence, and build a strong case to support a claim under the Dram Shop Law in Florida.
Contact a Trusted Lawyer at Blakeley Law Firm Today
At Blakeley Law Firm, we understand Florida's Dram Shop and Social Host laws. So, you can trust that we have the experience to navigate these challenging cases.
Yes, these laws in Florida have their limitations. However, they play a role in promoting safety when it comes to the sale and consumption of alcohol. If you are facing a situation where dram shop or social host laws come into play, remember you're not alone.
Our personal injury attorneys at Blakeley Law Firm are ready to stand by your side and fight for your rights. Contact us today at (954) 253-9445 or through our online form for your free consultation.