In many states, if you an injury in a
car accident caused by a drunk driver, not only can you file an accident claim or personal
injury lawsuit against the negligent party, but you may also seek damages
from a third party – like a vendor or a social host – who
provided alcohol to the driver. Filing a claim against a business establishment
that provides alcohol is considered a “dram shop” claim.
According to Florida’s dram shop law, a person who knowingly provides
alcohol to a person who is “habitually addicted” to alcohol
(i.e., an alcoholic) or a minor under 21 years old can be held liable
for any injuries the individual causes. When it comes to serving alcohol,
the law only applies to beverages for immediate consumption, such as those
served in bars and restaurants, rather than sealed in a bottle or can
for later consumption, like a grocery or liquor store.
For example, a person who is a known alcoholic enters a bar and the bartender
who knows about the person’s alcoholism decides to serve him/her
anyway. After several drinks, the person leaves the bar, proceeds to drive,
and then strikes another motorist. Not only can the victim file a claim
against the alcohol-dependent individual, but also the establishment that
served the at-fault driver.
While many states also have “social host liability” laws that
hold a social host responsible for serving a minor or alcohol-dependent
individual who later causes another person’s injury, Florida is
not one of them. If an intoxicated individual harms someone else at a
private gathering, the victim can only seek damages against the person
who directly caused their injuries – not the social host.
If you have recently been injured in a drunk driving accident in Dunedin,
Clearwater, St. Petersburg, Largo, or New Port Richey, do not hesitate to
contact Paulsen Law Group today for a free initial consultation. Let our firm with more than 15
years of experience help you immediately!