In the U.S., drunk driving accidents cause thousands of deaths every year, and Florida is no exception. In 2024, over 13,000 people lost their lives in alcohol-related crashes across the country, marking the second consecutive year that this number has been reached.
If you’ve been hurt in an accident caused by a drunk driver, you may be asking yourself: Can the bar or restaurant that served them be held responsible?
In this blog, we’ll explain what dram shop law is, how it works in Florida, and how you can prove a violation if you’ve been injured in a drunk driving crash.
What is Dram Shop Law?
A dram shop is any establishment legally permitted to sell or serve alcoholic beverages. This could include bars, restaurants, clubs, and even liquor stores. The term “dram” is derived from a unit of measurement for alcoholic drinks that dates back to the 19th century. Essentially, it refers to the amount of alcohol served in a glass or drink.
Dram shop laws exist in most states, outlining the responsibility of these establishments to ensure that their patrons do not become dangerously intoxicated and then drive. Florida’s dram shop laws are codified in Florida Statute 768.125. Under this law, a dram shop or establishment is generally not held liable for injuries or damages caused by a drunk patron unless specific conditions are met.
Florida’s dram shop law specifies that a restaurant, bar, or other alcohol-serving business will only be liable for accidents caused by drunk drivers if an employee knowingly and willfully served alcohol to a person who was either underage or known to be “habitually addicted” to alcohol. These restrictions are designed to limit the scope of liability and focus responsibility on establishments that are directly negligent in serving alcohol to individuals who are clearly underage or already suffering from alcohol addiction.
Can a Bar Be Held Liable for a DUI Accident?
In many states, dram shop laws allow accident victims to sue bars and restaurants if a patron causes a DUI accident after being overserved alcohol. However, the situation in Florida is different. Under Florida law, it is generally more difficult to hold a bar or restaurant liable for accidents caused by drunk patrons.
For a bar to be held responsible, the bartender or staff member must have knowingly served alcohol to someone who was under 21 years old, or to someone they knew was addicted to alcohol and likely unable to control their consumption.
While it’s easier to prove that a patron was underage (for example, if the person used a fake ID or was visibly young), proving that a bar knowingly served someone with a documented alcohol addiction is much more difficult. Florida law requires proof that the staff had prior knowledge of the patron’s addiction, which often involves gathering evidence from witness statements, video footage, and other documentation.
Thus, while bars and restaurants are not automatically liable for every DUI accident, they can still face legal consequences if it is shown that they were negligent in serving alcohol to someone who shouldn’t have been served in the first place.
How to Prove Dram Shop Law Violation in Florida?
To establish liability, accident victims need to show that the establishment knowingly served an underage customer or an alcoholic who was “habitually addicted” to alcohol. This can be challenging for several reasons.
- Underage Alcohol Service: To prove that an individual was underage at the time of service, the bar or restaurant must show that it knew the patron was under 21. In some cases, this may involve demonstrating that the person used a fake ID or that the establishment did not take the necessary steps to verify the patron’s age.
- Habitual Alcohol Addiction: Proving that a bar or restaurant knowingly served someone who is habitually addicted to alcohol is even more difficult. This requires showing that the establishment had prior knowledge of the customer’s addiction, either through employee testimony or documented evidence such as previous bar tabs or surveillance footage.
- Witness Testimonies and Physical Evidence: To prove negligence, victims must gather evidence that shows the establishment’s knowledge and actions. This may include interviewing witnesses, reviewing employee records, and collecting physical evidence such as receipts, surveillance video footage, or even the patron’s drinking history at the establishment.
Despite these hurdles, Florida dram shop law has seen cases where plaintiffs have successfully held establishments liable for drunk driving accidents. One well-known case in Miami in 2015 resulted in a $95 million judgment against a bar that overserved alcohol to a patron who later caused a fatal accident. This case demonstrates that, while challenging, it is possible to win a dram shop lawsuit and recover damages for the harm caused by a drunk driver.
Injured by a Drunk Driver? Let Pacin Levine Fight for You!
Now that we’ve answered what is dram shop law, if you’ve been injured in a drunk driving accident and believe the bar or restaurant may be at fault, Pacin Levine, P.A., is here to help! Our experienced team of personal injury attorneys is ready to investigate your case and fight for the compensation you deserve.
We understand Florida dram shop laws’ complexities and know how to gather the evidence needed to build a strong case. Whether it’s reviewing surveillance footage, interviewing witnesses, or obtaining employee records, we’ll ensure that every avenue is explored to hold negligent establishments accountable.
We offer free consultations and are available 24/7 to take your call. Our team is committed to making this process as easy as possible for you—if you can’t come to us, we’ll come to you! Whether through virtual consultations, paperless files, or text messaging, we make it simple and convenient for you to get the legal help you need.
Contact Pacin Levine, P.A. today at 1-800-24-7-CRASH (2727) to discuss your case.
