When an intoxicated driver causes an accident that results in injuries or death, they must be held accountable. Separate from any criminal case the prosecutors may pursue against this party, injured victims may seek monetary damages from the at-fault individual in a civil claim for compensation.
The establishment that served the drunk driver may also be liable for your monetary damages under the state’s dram shop laws. If you have been injured in a drunk driving accident and believe that you may have grounds for a case against the person or establishment who served the alcohol, you should speak with a reliable personal injury attorney who can help you navigate a potential claim. A Sanford dram shop liability lawyer can gather the necessary evidence and assess your top legal options.
Dram shop liability dictates the potential legal responsibility that establishments serving liquor face when an intoxicated patron injures or otherwise harms someone. The term traces its origins back to a centuries-old practice of serving alcohol, when liquor used to be sold by a method of measurement called the dram.
Potentially liable parties in a dram shop case can include bars, restaurants, clubs, liquor stores, grocery stores, and even hotels that serve alcohol. Every state has its own take on dram shop liability laws, and this state is no different.
While some states have a broad interpretation that imposes liability on liquor establishments in a wide range of circumstances, Florida law is very specific. A liquor establishment can only be held legally liable for personal injuries in a dram shop lawsuit in one of two scenarios:
For example, if a bar serves an underage driver alcohol, after which the driver gets behind the wheel while intoxicated and causes an accident, the establishment can be held legally accountable in a civil lawsuit. If you have been injured by someone who was overserved, a Sanford attorney can step in to evaluate all potential routes to compensation, including under dram shop liability laws.
It is not usually possible to hold a private individual legally responsible for compensation in a dram shop lawsuit as these laws extend to vendors only. Moreover, dram shop liability will not necessarily apply even when the intoxicated individual was visibly drunk if the situation does not meet one of the two criteria noted previously.
An experienced attorney can be instrumental in a Sanford, FL dram shop liability case. A lawyer can gather the necessary evidence, assess the legitimacy of a potential claim, and oversee the legal complexities of pursuing such a case.
Through a successful car accident claim, compensation may be available from the at-fault driver’s insurance company, as well as the dram shop that sold the alcohol. Financial recovery could include the value of past and future lost wages, medical bills, pain, and suffering.
Compensation may also be available for permanent disfigurement or impairment, and emotional distress. From constructing a strong case for settlement to championing your rights in court, an attorney can provide skilled representation at every phase of your claim.
Florida’s dram shop laws are intended to ensure alcoholic beverage vendors are held legally accountable when they play a role in drunk driving-related incidents. If you or a loved one has suffered injuries due to the negligent actions of a drunk individual, you may be eligible for monetary compensation under Florida’s personal injury laws, as well as its dram shop statute.
Liability is only imposed on alcohol sellers in very specific circumstances, so it is wise to consult with an attorney who can examine the recourse available in your particular situation. A Sanford dram shop liability lawyer can advocate aggressively on your behalf to seek maximum compensation from the culpable parties involved, either through a negotiated settlement or civil lawsuit.
If an inebriated patron or a negligent alcohol vendor was responsible for your financial harm, you deserve compensation to begin rebuilding your life. Contact our firm today to discuss how The Umansky Law team can assist with your case in a free, one-on-one case consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
