Does Dram Shop Law Apply to My Drunk Driving Case?

Bars, restaurants, and nightclubs are responsible for ensuring their patrons are safe as they navigate their premises and enjoy their facilities. But also, they may hold a certain level of accountability for their patrons’ actions once they leave their establishment. That is, if one of their patrons gets behind the wheel of their motor vehicle while intoxicated and gets into an auto accident. This is thanks to Florida’s dram shop law. With that being said, please read on to discover how the dram shop law may apply to your drunk driving case and how a seasoned Miami auto accident lawyer at the Law Offices of Gonzalo Funes, PA, can help build your legal argument from here.

Does the dram shop law apply to my drunk driving case in Florida?

First of all, Florida’s dram shop law makes businesses like bars, restaurants, nightclubs, and other establishments that serve alcohol liable for property damages, injuries, or deaths caused by an intoxicated patron. However, this liability only applies if the establishment sold or served alcohol to a minor, to an individual who is visibly intoxicated, or to an individual who is known to be habitually addicted to alcohol.

Therefore, to cite the dram shop law in your drunk driving accident claim, you must have sufficient evidence that the establishment was negligent in this way. For example, if the drunk driver in your case was a minor, you may acquire security camera footage that captures a bartender serving alcohol to the individual.

Or, say the driver’s blood-alcohol content (BAC) level was seriously high at the time of the crash. Well then, you may obtain receipts from the establishment’s POS system, showing the excessive sale of alcohol to the individual.

Lastly, the driver may admit they have a history of alcohol abuse. In this case, you may obtain testimonies from friends or family members who can attest to this fact. Or, statements from regular patrons may confirm that there have been prior negative experiences with this individual at the establishment.

How does Florida’s comparative negligence law affect my drunk driving-related claim?

Namely, Florida follows a modified comparative negligence system. This means that plaintiffs of personal injury accidents, like you, may only be eligible to recover financial compensation for their damages if the civil court finds them less than 50 percent at fault for the incident. With this in mind, you must do everything possible to prove that you contributed little to no wrongdoing.

This underlines the importance of effectively citing the dram shop law in your drunk driving-related claim. This is because, if successful, you may establish that the drunk driver and the establishment where they originated from share responsibility, and therefore that the fault must be apportioned between them. Essentially, this leaves you out of the equation and ensures you can collect the maximum amount for your troubles.

While we understand that you may not want to deal with any of this right now, it must be addressed for your physical, emotional, and financial well-being. So please allow a competent Miami-Dade County injury lawyer from the Law Offices of Gonzalo Funes, PA to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.