What Are Dram Shop Laws in Florida?

Dram shop laws in Florida establish that bar owners and other sellers of alcohol may be liable for injuries and damages resulting from a customer’s intoxication in certain situations. Knowing more about dram shop laws in this state can help determine whether a business owner or bartender might be liable for damages in drunk driving incidents.

To schedule a free consultation with a dram shop attorney in Clearwater, call Magazine & Light Law Group at 727-499-9900 today.

What Are Dram Shop Laws?

Dram shop laws have a long history in the U.S. dating back to the 1800s, with the goal of making bartenders, bar owners, and others who sell alcoholic beverages liable if they contribute to the negligent behavior of intoxicated customers. The name of these laws stems from the 1700s, when alcohol sellers sold alcoholic beverages in “drams,” which was especially applicable to gin.

With dram shop laws in place, it’s possible for victims to take legal action against sellers of alcoholic beverages to recover compensation if an intoxicated individual caused those injuries or damages.

At this time, 42 states in the U.S. have some type of dram shop law in place with the aim of preventing alcoholic beverage sellers from supplying alcohol to customers who are visibly intoxicated or under the age of 21. Washington, D.C., also has dram shop liquor liability laws in place.

However, eight states are currently without these laws, including Kansas, Nevada, Delaware, Virginia, Maryland, Louisiana, Nebraska, and South Dakota. In these states, businesses selling alcohol would not be liable for any damages their patrons cause through negligent behavior while impaired, but it may still be possible to file a personal injury lawsuit against intoxicated individuals for causing injuries and other damages.

The Dram Shop Law in Florida

In 1980, Florida adopted its own version of the dram shop law. Based on this law, it’s only possible to hold sellers and furnishers of alcoholic beverages liable for damages if they willfully sell alcohol to minors or people with a known habitual addiction to alcohol.

In other words, individuals won’t be able to hold these parties accountable for the actions of an intoxicated person for simply serving a visibly intoxicated customer. As such, if you wish to file a lawsuit against alcoholic beverage sellers in Florida, you would need to prove that this party was aware that the customer was a minor or addicted to alcohol when making a purchase.

Liability for Alcohol-Related Incidents

To succeed with a dram shop case in Florida, you need to prove that the intoxicated person responsible for damages purchased alcoholic beverages from a bar or another business selling these beverages. You also need to prove that a seller at this shop willfully and unlawfully sold or otherwise provided these beverages to the customer with the knowledge that the customer was either a minor or “habitually addicted” to alcohol at the time of the purchase.

Evidence needs to effectively prove these items, such as camera footage from the store where the purchase took place or customer receipts proving the transaction.

There are incidents when dram shop laws apply and victims can seek compensation from both the intoxicated party and the “dram shop.” Examples include:

Drunk Driving Accidents

Dram shop laws may apply in a case where a drunk driver causes an accident. Drunk driving accidents are common in Florida and across the U.S., with a recent year in Florida seeing 479 crashes involving confirmed alcohol intoxication.

Drunk driving is particularly dangerous as drivers experience slowed reaction times, impaired judgement, and increased agitation while intoxicated.

Bar Fights

Sometimes, bar patrons can become upset at others, causing bar fights to break out involving two or more people.

Assaults

In other cases, intoxicated individuals cause direct harm to individuals in their drunken state, constituting assault and criminal charges.

Property Damage

Even if an intoxicated individual doesn’t cause physical harm to others, he or she may be liable for causing damage to people’s property, including vehicles or personal belongings.

Wrongful Death

Some cases result in the death of one or more individuals because of an intoxicated person’s behavior. Here, the loved ones of the decedent may be able to recover wrongful death damages from the intoxicated party and the business that sold alcohol to the individual.

Compensation in Dram Shop Law Cases

The types of compensation you recover in dram shop law cases will be similar to those in other personal injury claims or lawsuits. The main types of recoverable damages will include economic and non-economic damages, with some cases involving punitive and wrongful death damages.

The following is a brief breakdown of these damages to help you determine how much compensation you can recover in a case.

Economic Damages

The first type of damages that these cases will take into account are economic. These damages account for the financial damages resulting from a drunk driving accident or another incident.

There are many financial losses involved in these cases, such as:

• Medical bills, including those for immediate and ongoing care
• Physical therapy and rehabilitation costs
• Loss of income and earning capacity
• Property damage
• Modifications made to a home or vehicle to accommodate disability

Often, these damages come with receipts and other evidence to show how the victim suffered economically following an incident.

Non-Economic Damages

Victims may also recover non-economic damages that apply to the personal suffering they experienced. While they’re harder to identify and calculate than economic damages, lawyers and courts employ methods to incorporate them into a settlement.

Examples of these damages include pain and suffering, disfigurement, loss of companionship or consortium, depression, anxiety, and other forms of psychological distress like post-traumatic stress disorder (PTSD).

Punitive Damages

In extreme cases, drunk drivers and other parties need to pay punitive damages. Only the courts can award these if a case goes to trial with the intention of making an example of the defendant. These damages may be involved in a case if an intoxicated individual or another party engaged in gross negligence or malicious intent to cause harm to plaintiffs.

Wrongful Death Damages

If an intoxicated individual causes injuries that result in a person’s death, the victim’s family may be able to recover wrongful death damages.

These damages can include a combination of economic and non-economic damages incurred before the person passed, along with damages directly resulting from the individual’s death. For example, loved ones may recover compensation for burial and funeral expenses, as well as the loss of household income stemming from the person’s death.

Common Defenses Against Dram Shop Claims

To avoid paying compensation to victims, businesses selling or furnishing alcoholic beverages may attempt to deny accountability by showing that they adhered to dram shop laws in Florida.

For instance, a defense could entail claiming that the business or seller was unaware that the intoxicated individual was a minor at the time of his or her purchase. The customer could have misrepresented his or her age or used a fake identification card when making a purchase, for example.

Another defense could entail claiming that the seller was unaware that the customer was a habitually addicted drinker. For example, a bar may have sold alcohol to a new customer who hadn’t previously displayed intoxicated behavior when patronizing the business.

What to Do Following an Incident Involving an Intoxicated Individual

In the event of a drunk driving incident, assault, or another incident resulting in injuries or damages, the following are the main steps to take to build a personal injury or dram shop law case.

Taking the right steps can help you more easily navigate the personal injury claim process and increase your chances of recovering full compensation from all liable parties.

Seek Immediate Medical Attention

If you sustained injuries because of your interaction with an impaired person, you should seek professional medical care as soon as possible. Doing so can provide you with medical records that can prove that the injury resulted from the incident, providing you with invaluable evidence in a dram shop case.

Getting medical care can also help you make a full recovery from your injuries, until you reach what’s called maximum medical improvement (MMI), which is the point at which doctors determine that a patient has recovered as much as possible based on his or her injuries.

Obtain Evidence to Prove Liability

You must get enough evidence to prove that the intoxicated individual and any other liable party is responsible for the damages you sustained.

There are many pieces of evidence in these cases. For instance, you can collect medical records proving the nature of your injuries. Some cases will also involve the police, providing you with police reports that confirm your version of events in a case.

Other evidence in these cases includes:

• Photos or video footage of your injuries, accident scenes, or intoxicated individuals purchasing alcohol from a business leading up to the incident
• Proof of purchase of alcoholic beverages in the form of receipts or digitally recorded transactions
• Proof of lost income and lost earning capacity
• Proof of property damage, including receipts for repairs or replacements

Consult With a Dram Shop Attorney

Another critical step to take is to consult with a dram shop lawyer in Florida. He or she can assess your case in a free case evaluation to determine what options you have regarding compensation. He or she may then help you build a case against not only liable intoxicated individuals, but also businesses in violation of Florida dram shop laws.

How a Dram Shop Attorney Can Help With Your Case

If you’re not sure whether hiring a dram shop lawyer is in your best interest or you’re concerned with how much personal injury lawyers charge, the fact is that these cases are often challenging to navigate alone. If you don’t have experience with these kinds of cases, it can be challenging to prove liability and quantify the damages you recovered to receive a fair settlement.

An attorney with experience handling dram shop cases will be able to perform a number of tasks to develop a strong case. To begin with, he or she can obtain and organize all relevant evidence to show that not only did an impaired person directly cause your injuries and other damages, but also that a business selling or furnishing alcoholic beverages contributed to those damages through negligence.

Additionally, an attorney can negotiate with insurers to help you receive a fair settlement. Oftentimes, insurers will work to minimize or deny claims to avoid making large payouts. In the process, they may attempt to show that your injuries aren’t as serious as you claim or that a business wasn’t liable for damages. However, an experienced attorney knows the kinds of tactics adjusters use to reduce and deny claims and can work with you to recover total compensation.

Some cases may fail to settle during initial negotiations. In these instances, a case may go to trial. Representing yourself in court could compromise your case if you don’t know how to navigate the legal process. Hiring a personal injury attorney could help you build a solid case that holds up in court and proves liability on the part of all defendants involved, helping you reach a favorable outcome.

If you want to succeed with a dram shop case, consider hiring the Clearwater dram shop attorneys at Magazine & Light Law Group. Contact us today to schedule a free consultation and determine the options available to you in a claim or lawsuit.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association