Florida’s dram shop law is inspired by 18th Century Britain, where a dram shop was a tavern or pub that served alcohol. Today, its ramifications extend to restaurants, bars, casinos, and anywhere else that serves liquor, even to caterers for private parties.
Dram shop law deals with the liability a business or other server has when someone drinks too much and then causes an accident. If someone who made the rounds to Tremain’s Tavern, Big Dog Saloon, and McGregor’s Bar smashes into your car on the way home, a Mount Dora dram shop liability lawyer can assess whether those who served the patron liquor are also responsible for your injuries.
Florida Statutes § 768.125 defines dram shop liability, the legal responsibility businesses have to patrons who are being served and drinking liquor in their establishments. Generally, if a patron is at least 21, the legal drinking age in the state, the business will not be held liable for any damage the patron later causes because they were drunk. However, the courts consider several factors. Liability can kick in if the establishment willfully and unlawfully sells or serves liquor to an underage person, but also if personnel intentionally serve drinks to known alcoholics.
The key is that the server must know or should have known that the patron is younger than 21 or the alcoholic is addicted to alcohol. Servers should be trained to spot fake identification a teen might use and require a state-approved ID card or driver’s license, which are hard to replicate because of their holograms. The business must also have actual knowledge that a person is alcohol-addicted, which is harder to prove unless the patron is a known customer that has had run-ins with the staff before or regularly comes into the establishment very drunk. If the establishment is sued, the court will also consider:
Florida’s dram shop liability law is considered among the weakest in the country. If you are injured because someone was drinking in a bar or restaurant, a skilled Mount Dora lawyer can identify the proper defendants.
If you are injured by a person who has been drinking and believe the establishment serving the alcohol contributed to the accident, your personal injury attorney must prove that the bar or pub willfully served or sold alcohol to a minor or knowingly served a habitual abuser. Our attorneys understand how complex it is to establish proof in cases that depend on the defendant’s knowledge. We investigate the establishment and defendant for prior problems with this issue, interview witnesses, consult expert witnesses if necessary, and develop a timeline of the defendant’s actions to establish your case for negligence. A Mount Dora dram shop liability attorney represents your best chance to get compensated for your injuries.
Florida’s laid-back lifestyle and party atmosphere encourages residents and tourists to relax and enjoy a cocktail or two. But when too many drinks at the downtown Mount Dora bar are served and consumed, accidents happen. Who is responsible? The person who consumed too many drinks and caused your injuries is liable, but the establishment that served that person may also be responsible for compensating you.
Depending on the circumstances surrounding the accident, you may be entitled to compensation for your medical expenses, lost wages, property damage, emotional anguish, future lost wages, and the pain and suffering you endure. Contact a Mount Dora dram shop liability lawyer now to talk about your case.
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