There are thousands of drunk driving accidents every year in Florida. Florida Highway Safety and Motor Vehicles puts the number at approximately 5,000 alcohol-confirmed crashes yearly in our state. Some of these car crashes are relatively minor and don’t result in any injuries, while other accidents can result in very serious injuries and sometimes even death.
We all know that drunk drivers can be sued when they get into car accidents that result in injuries to other people. But what about the bar or restaurant that overserved that drunk person before they got behind the wheel and hit the road? Can the bar or restaurant also be sued?
The answer to that question, as is often the case with legal issues in Florida, is it depends. Florida law provides a significant amount of protection to bars and restaurants and limits the circumstances where they can be held legally liable for a drunk driving accident. Although limited, there are some situations where a bar or restaurant can be held legally responsible for a drunk driving accident.
What Is Florida's Dram Shop Law?
A dram shop is basically just a commercial establishment, like a bar or restaurant, that serves alcohol. Years ago (back when some people still regularly used the term “dram shop” in conversations), Florida enacted what is commonly known as a dram shop law. This law, which is found in Florida Statutes Section 768.125, states that:
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.
So, this statute is basically saying that Florida bars and restaurants that serve alcohol to a person cannot be legally liable for injuries resulting from that person’s intoxication (such as injuries caused by drunk driving accidents) unless:
- The bar or restaurant willfully serves alcohol to a person who is underage (the term “willfully” here means that the bar or restaurant knew the person they were serving was under 21 years of age), or
- The bar or restaurant knowingly served a person who is habitually addicted to alcohol.
Can You Sue a Bar or Restaurant for Overserving Someone in Florida?
What happens if the bar or restaurant keeps serving a drunk person and that person drives off and causes a crash?
Under 21
If a bar or restaurant serves alcohol to an underage person, let’s say a 17-year-old whom they know is under 21, and that 17-year-old becomes intoxicated from the alcohol and drives off and causes a car crash due to being intoxicated, then there may be some instances where the bar or restaurant could be held liable.
Over 21
It’s a different story when the drunk driver is 21 or older. The following is, unfortunately, a fairly common scenario where the bar or restaurant overserves an intoxicated person but has no liability for his ensuing drunk driving accident.
If the bar or restaurant serves alcohol to a 25-year-old who gets drunk at the establishment (even if we’re talking about getting drunk to the point that he is visibly and highly inebriated and clearly should have been cut off hours ago), and that person gets into his car and causes a deadly car crash a few minutes after leaving the bar or restaurant, under those circumstances the establishment typically is not going to be liable for that crash.
Florida law generally doesn’t impose any duty on a bar or restaurant to control the conduct of its intoxicated patrons who drive away from the bar or restaurant drunk. The bar or restaurant could have continued to serve the person drinks all night long even though the bartender knew the person was drunk; it doesn’t make any difference. The establishment has no responsibility to prevent that drunk person from getting behind the wheel of a car and driving off. No matter how deadly the consequences, the bar or restaurant is not going to be liable for that crash unless very specific circumstances exist, as we discuss below.
When a bar or restaurant can be liable for a drunk driving accident (person over 21)
There are some circumstances when a bar or restaurant may be liable for a drunk driving accident when the driver is at least 21 years old. For a bar or restaurant to be liable when the drunk person is over 21, you must prove at a minimum:
- The person was habitually addicted to alcohol,
- The bar or restaurant knew the person was habitually addicted to alcohol,
- The bar or restaurant nevertheless served that person alcohol, and
- The person’s resulting intoxication caused or contributed to an accident, such as a drunk driving crash.
That’s just the bare minimum of what you need to prove. While these four factors aren’t always easy to prove, they are necessary under Florida law in order for the establishment to be liable for a drunk driving accident caused by a person who got drunk at the establishment.
Contact Our Office for a Free Consultation if You Have Been Injured by a Drunk Driver in Florida
If you were injured in a car crash caused by a drunk driver in Broward, Palm Beach, or anywhere else in Florida and have questions about who may be liable for your injuries, call our office today at (954) 833-1440 for a free consultation.