The answer may surprise you…
Driving while intoxicated is a serious offense. Duty of Care is the legal
expectation that you are able to operate the vehicle with awareness in
order to keep yourself and others safe. We all know that alcohol diminishes
this ability. So, when someone under the influence causes an
accident, are they the only one at fault? What about the establishment that served
them drinks?
Most states in America have laws created to add an extra defendant liable
to deflect the over-consumption of alcohol in the hopes of decreasing
the number of accidents occurring as a result of the same. These are referred
to as dram shop laws. These laws may make the establishment comparatively
liable for accidents caused by their patrons even after they have left
the building.
Florida Statutes section 768.125 explains…
“A person who sells or furnishes alcoholic beverages to a person
of lawful drinking age shall not thereby become liable for injury or damage
caused by or resulting from the intoxication of such person, except that
a person who willfully and unlawfully sells or furnishes alcoholic beverages
to a person who is not of lawful drinking age or who knowingly serves
a person habitually addicted to the use of any or all alcoholic beverages
may become liable for injury or damage caused by or resulting from the
intoxication of such minor or person.”
In summary, the major components to dram sham laws in Florida are as follows:
- Serving alcohol to someone underage
- Serving alcohol to a known alcoholic
- The Visibly Intoxicated Standard
Florida maintains a standard of visible intoxication, along with other
states. The standard is met if:
- An establishment serves a visibly intoxicated patron, and
- The workers at the establishment knew – or should have known –
the patron was intoxicated and a danger to others
- They served an amount they knew would lead to intoxication
Please bear in mind that there is a statute of limitations in place when
filing a case against an establishment. The length is the same as filing
a standard personal injury claim, four years. If you’ve been injured
in an accident with a drunk driver, you should speak to a personal injury
attorney as soon as possible. It takes time to file a lawsuit, finding
an attorney is only the first step in beginning the legal process. Also,
the more time that passes may reflect negatively when it comes to adequate
compensation for your injuries.
The compensation recoverable is similar to the recoverable in a standard
personal injury claim. They are these:
- Medical bills for any and all injuries, including hospitalization, therapy,
medication, and rehabilitation
- Wages lost due to injury
- Replacement costs for damaged or destroyed property
- Pain and suffering
Legally Pink Law was established in 2010 by
Attorney Carolyn Salzmann after a decade of providing counsel for the TV law firms in the Central
Florida area. More than a decade later, Legally Pink Law has grown, the
firm now has three female attorneys. They will fight for your rights and
wear pink while doing it!
Contact us today for your free consultation.