Drinking and driving is a dangerous combination that can result in harm to oneself and others, as well as criminal charges. While the primary responsibility falls on the drunk driver, in some cases, establishments that serve alcohol can also be held responsible for the damages caused by drunken patrons. This is where Florida’s Dram Shop Law comes into play.
Table of Contents
Understanding Dram Shop Laws
Dram Shop laws are statutes that hold establishments, such as bars and restaurants, liable for the actions of their patrons who cause harm to others while under the influence of alcohol. These laws are named after a unit of measure for alcohol known as a dram.
The primary goal of dram shop laws is to discourage establishments from serving alcohol to visibly intoxicated patrons or those who are underage. These laws also aim to provide compensation for those who are injured, or the families of those killed, by drunk drivers.
Florida’s Dram Shop Law
Florida’s Dram Shop Law is codified in Florida Statutes Section 768.125. This law applies to establishments that are licensed to sell alcoholic beverages, such as bars, restaurants, and nightclubs.
Under the law, establishments can be held liable for serving alcohol to a person who is "habitually addicted" to alcohol. Habitual addiction means that the person’s consumption of alcohol has reached a level where it poses a substantial risk of injury to themselves and others.
Furthermore, establishments can also be held liable for serving alcohol to a person who is "knowingly" or "intentionally" given alcohol when they are underage or already visibly intoxicated.
Proving Liability
It is important to note that, to prove liability under Florida’s Dram Shop Law, there are certain elements that need to be established. These elements include:
- The establishment served alcohol to the patron in question.
- The patron was either habitually addicted to alcohol, underage, or visibly intoxicated.
- The establishment knew, or would have known, that the patron was habitually addicted, underage, or visibly intoxicated.
- The patron’s drunkenness was a direct cause of the victim’s injuries or death.
Damages
If an establishment is found liable under Florida’s Dram Shop Law, the plaintiff may be entitled to various damages, including:
- Medical expenses.
- Lost wages and future earning potential.
- Pain and suffering.
- Property damage.
- Funeral expenses (if applicable).
Negligent Security Claims
In some cases, a patron who has been drinking at an establishment may become violent or assault others. Victims of these types of incidents may be able to bring a negligent security claim against the establishment.
Negligent security claims assert that a business owner failed to provide adequate security measures to protect their patrons from foreseeable harm. These claims can be brought against any establishment, including those that serve alcohol.
Conclusion
Florida’s Dram Shop Law holds establishments liable for serving alcohol to habitually addicted patrons, underage individuals, and those who are visibly intoxicated. Establishments can be held liable for damages caused by their patrons who drive while intoxicated or engage in other dangerous behavior.
If you or a loved one has been injured by a drunk driver, it is crucial to consult with an experienced personal injury attorney. An attorney can help determine if an establishment can be held liable under Florida’s Dram Shop Law or if a negligent security claim is appropriate.