Drunk driving accidents are 100% preventable tragedies. When a drunk driver causes injury or death, they face criminal charges and civil liability. But what about the bar, restaurant, or host that...
Drunk driving accidents are 100% preventable tragedies. When a drunk driver causes injury or death, they face criminal charges and civil liability. But what about the bar, restaurant, or host that served them the alcohol? In many states, 'Dram Shop' laws make it easy to sue establishments that over-serve patrons. In Florida, however, the law is much more protective of businesses. Suing a bar is possible, but only under very specific circumstances.
Florida's Limited Dram Shop Statute
Under Florida Statute 768.125, a person who sells or furnishes alcoholic beverages to a person of lawful drinking age generally becomes NOT liable for injury or damage caused by the intoxication of that person. This is a general rule of non-liability. However, there are two critical exceptions.
Exception 1: Serving Minors
If a bar, store, or person 'willfully and unlawfully' sells or furnishes alcohol to a person who is not of lawful drinking age (under 21), they can be held liable for any accidents that minor causes. 'Willfully' implies they knew or should have known the person was underage.
Exception 2: Habitually Addicted Persons
The second exception is if the establishment 'knowingly' serves a person 'habitually addicted' to the use of any or all alcoholic beverages. This is a high bar to clear. You must prove the bar knew the person was an alcoholic—perhaps because they are a regular who drinks to excess daily—and served them anyway.
Proving Liability
Proving a Dram Shop case in Florida requires rigorous investigation. We often need receipts, surveillance video, and testimony from bar staff or other patrons to prove the establishment knew they were serving a minor or a known alcoholic. It is difficult, but not impossible.
Social Host Liability
What if the drunk driver was at a house party? Generally, social hosts in Florida are not liable for serving adults, even if they get drunk and drive. However, they can face criminal and civil penalties for allowing minors to drink at their home (Open House Parties).
Contact Emas Law Group Today
While Florida law shields bars more than other states, Emas Law Group is not afraid to take on negligent establishments. If a bar chose profits over safety and served a minor or an addict who then injured you, we will fight to hold them accountable. These cases are complex, so contact us immediately to preserve the evidence needed to win.
Frequently Asked Questions
Can I sue a bar if the driver was visibly intoxicated?
Not automatically. Unlike other states, serving a 'visibly intoxicated' person is not enough for liability in Florida unless they are a minor or habitually addicted.
How do you prove someone is 'habitually addicted'?
We look for evidence of a pattern of heavy drinking, prior DUIs, testimony from family/friends, and the bar's familiarity with the patron's drinking habits.
What damages can I recover?
You can recover medical expenses, lost wages, pain and suffering, and potentially punitive damages if the bar's conduct was grossly negligent.