In the case of a DUI car accident, numerous parties can potentially be held liable for damages. While the drunk driver usually shoulders the blame, those involved might also point a finger at the bar, tavern, club or other establishment that served the defendant alcohol in the first place.
However, certain laws called Dram Shop Laws are put into place to protect such establishments from DUI liability in the state of Florida.
Florida Dram Shop Laws
Florida’s Dram Shop Laws state that any bar, restaurant, club or other establishment that serves alcohol cannot be held responsible for losses or injuries caused by DUI accidents. In these instances, the liability is typically placed solely on the drunk driver at fault.
When an Establishment is Liable
In some instances, establishments can be held partially responsible for DUI accidents or injuries. Establishments serving alcohol can be held accountable should they:
- Knowingly serve to minors. Any establishment that serves alcohol to minors can be held responsible should that minor cause an accident.
- Knowingly serve to those with a history of alcohol abuse. If a server or bartender serves alcohol to an individual with a known history of alcohol abuse, the establishment could face liability if the patron causes an accident.
Many states’ laws can also hold establishments responsible for DUI accidents should an employee serve alcohol to someone who already appears intoxicated; however, the state of Florida does not recognize this rule.
If you or someone you know has been involved in a DUI accident, the attorneys at Lorenzo & Lorenzo can help. Contact us today for a free consultation.