Dram shop laws make people and businesses that supply alcoholic beverages to others liable if someone they serve harms others because of their intoxication. A lawsuit against a bar, restaurant, or social host can expand the pool of insurance coverage when you are injured by a drunk driver.
Contact an Orlando dram shop lawyer at Colling Gilbert Wright, also called The Florida Firm, if you were hurt in a wreck caused by a drunk driver. Our attorneys are recommended by other law firms for our aggressive advocacy in car accident cases and care for our clients.
What Does the Dram Shop Law Say?
The dram shop law appears at Florida Statutes § 768.125. It makes anyone who provides alcohol to someone else liable for any harm the person causes due to their drunkenness.
The law is written narrowly and only applies in limited circumstances. Specifically, someone who sells alcohol can be liable if they knowingly serve someone underage or “habitually addicted,” and that person later causes harm due to their intoxication. A social host is liable only if the person they served was underage.
Our Orlando attorneys will investigate a drunk driving accident to determine whether the dram shop law might apply. If so, they can collect evidence against the party who served the alcohol and hold them financially responsible for your injuries.
No Prohibition on Serving Someone Already Intoxicated
Most states’ dram shop laws forbid serving alcohol to someone who is already visibly intoxicated. Florida does not. Even if a bar serves someone who is clearly already drunk and they later harm someone in an accident, the bar is not liable unless the drunk person was underage or known to be an alcoholic.
Evidence in Dram Shop Law Cases
The dram shop law is written in a way that favors businesses and hosts. A defendant will not be liable under the law unless there is proof that they knew they were serving someone who was underage or a habitual drunk. There must also be proof that the person’s intoxication is the direct cause of your injuries.
Proof of Knowledge
An Orlando lawyer bringing a dram shop law case must find proof that the defendant knowingly served someone they should not have served. This is a difficult evidentiary hurdle.
The testimony of witnesses can sometimes demonstrate that the server knew that providing alcohol to the person was problematic. Sometimes bar surveillance footage shows interactions that seem to indicate knowledge.
Proof of Causal Relationship
You also must demonstrate that the drunk driver’s alcohol consumption led to the accident that caused your injuries. When the driver entered a guilty plea or was convicted of a drunk driving offense, that is usually sufficient proof that the driver was negligent and is responsible for the accident.
However, it may not be sufficient to prove that the person who served the driver alcohol is liable. You may need an accident reconstruction expert to show that the accident would not have occurred but for the driver’s intoxication. When you can show that the intoxication caused the accident, the party who enabled the intoxication could be liable.
Dram Shop Liability Potentially Increases Collectible Damages
Drunk driving accidents often cause horrific injuries. If you required substantial medical intervention or missed significant time at work, you are entitled to compensation for those losses. You are also owed compensation for your physical and emotional pain, disability, disfigurement, and other impacts on your quality of life.
The driver’s personal insurance policy may not be sufficient to cover your losses. Even if you have uninsured/underinsured motorist coverage, there still may not be enough coverage to fully compensate you. The dram shop law allows you access to additional coverage that may close the gap if you can prove a violation of the law.
The attorneys at The Florida Firm have a well-deserved reputation for obtaining maximum compensation for our car accident clients. We have an impressive record of large settlements and verdicts in vehicle crash cases. When alcohol was a factor in a wreck, we thoroughly investigate whether dram shop liability might factor into your Orlando car accident case.
Work With an Orlando Dram Shop Attorney If You Were Injured By a Drunk Driver
Getting fair compensation can be a struggle if you were badly hurt in a drunk driving accident. The dram shop law may help you expand the pool of insurance coverage.
An Orlando dram shop lawyer at Colling Gilbert Wright can hold parties liable if they served someone in violation of the law. We do not take money from you unless we win your case, so contact us today to learn more about dram shop liability in drunk driving cases.