When there is an accident involving someone who is intoxicated, people will often ask “where’d they get the alcohol?” or “why didn’t the bartender cut them off?”
Florida’s dram laws are in place to hold bartenders, liquor store owners, social hosts, and others liable for the alcohol they sell or serve.
What does dram mean?
Although it perhaps isn’t commonly known in modern times, a dram is actually a unit of measurement that bars and taverns used to sell alcohol in; bars and taverns would sell a dram of alcohol to a customer.
Dram laws then are law referring to the selling or serving of units of alcohol.
What is dram shop liability?
Dram shop liability refers to the fact that an establishment or individual serving alcohol may be held liable for civil damages if they provide alcohol to a person who later gets into an accident and injures another person or their property while inebriated.
Dram shop laws fall under which liability?
Dram shop laws are established to hold establishments and individuals responsible for irresponsibly serving alcohol. Dram shop liability refers to the civil liability of a bar, tavern, restaurant, social host, or anyone serving alcohol.
Florida dram shop law
Dram shop laws are established by the states. Dram shop laws are not federal laws.
Florida Statute 768.125, states that any person who sells alcohol to an underage individual will be held liable for any accidents or injuries caused by that individual while in their intoxicated state.
In addition, any person who knowingly sells alcohol to an individual with a known drinking problem may become liable for any accidents or injuries caused by that individual while in their intoxicated state.
Dram laws in other states go further and hold servers liable for serving an already intoxicated individual, however, Florida does not do that. So in Florida, a server cannot be held liable for continuing to serve an already over-served person.
Dram shop law Florida damages
Dram shop law liability is very similar to personal injury liability, although in this case, the injured person is suing a third party rather than the person that injured them directly.
Some damages that would be typical to a dram shop law case would be:
If you were injured by a person who was found to be under the influence of alcohol, you may require medical care. Under Florida dram shop law, you may be able to sue the person that provided the alcohol for compensation to help cover medical bills.
If you were injured, you may have to miss work, resulting in lost wages. Under dram shop laws in Florida, you may be able to sue for lost wages.
Damaged or destroyed property
If your property was damaged or destroyed by the intoxicated individual in an accident, such as damage to a car, truck, or SUV, you may be able to sue the server to recover compensation.
Pain and suffering
If you were in an accident with a person under the influence, it likely was a traumatic experience and may have caused a lot of pain if you were injured. Under Florida’s dram laws, you may be able to sue for compensation for pain and suffering too.
Contact a Florida Personal Injury Attorney
If you or a loved one was injured in an accident where alcohol was involved or had property damaged, you may be able to hold the third-party that sold or served the alcohol responsible for damages.
To learn whether you are eligible for a dram shop case, contact the personal injury attorneys at Landau Law today for a free and confidential consultation. Give us a call today at (866) 703-4878.
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