When a personal injury happens because a negligent restaurant or bar irresponsibly served alcohol, the vendor can be held responsible for the damages to the victim. Dram shop rules are civil liability statutes that help to prevent intoxicated clients from harming themselves after they are unable to judge how much alcohol they can handle. If you believe that a dram shop was responsible for your injury, you should speak with a Tallahassee personal injury lawyer from Fasig | Brooks. We can review the damages resulting from your case and help you obtain a fair settlement for your injury claim. For more information, call Fasig | Brooks for a free consultation about your personal injury.
What Is Dram Shop Liability?
When an establishment with a liquor license, such as a bar or restaurant sells alcohol to their visitors, they are required to follow the laws to prevent extreme intoxication, serious injuries, and death. Dram shop laws vary from state to state, but Florida law stipulates that the person who sells the alcoholic beverage to someone of lawful drinking age can’t be held liable for any damages caused by the intoxicated person unless specific circumstances apply. It is unlawful to serve a person who is underage and vendors should not serve alcohol to a person they know is habitually addicted to it. The vendor can be held liable for any drunk driving accident caused by the person to whom they sold alcohol.
Why Is It Important?
Although Florida law states that the vendor or business owner cannot be held responsible for serving alcohol to an already intoxicated person, they can be held liable for serving someone who is underage or a known alcohol addict. This law is important because it helps prevent customers from harming themselves and others. Intoxicated individuals can injure other people or even cause wrongful death because of drunk driving. These laws help protect innocent people from intoxicated people and intoxicated people from themselves.
How Can a Dram Shop Be Negligent?
Business owners and vendors can be held liable according to Florida state law if they serve liquor to someone they shouldn’t have. Here are some examples of evidence that can be used against a dram shop:
The Patron Was Visibly Intoxicated
If a guest is already intoxicated, they shouldn’t be served alcohol.
The Patron Is Underage
If a minor enters the establishment, they shouldn’t be served without showing proof of their age. If the person is underage, they should not be served alcohol.
The Patron Was Served After Closing Time
After business hours, vendors are not allowed to serve anyone.
The Patron Was Served Too Much Alcohol
If the amount of alcohol served to a single person was likely to result in intoxication, then the vendor or establishment can be held liable for any accident they cause.
When Is a Third Party Liable?
If an establishment served alcohol to a person they knew was underage or a known alcoholic and that individual caused an accident that injured someone, then the establishment can be held liable for the accident. The establishment is the third party and the accident victim can seek compensation from them and from the intoxicated person who caused the accident.
How do Attorneys Help in My Dram Shop Case?
Dram shop lawyers Tallahassee, FL can help you obtain a fair settlement according to Florida law by proving that the establishment should not have served alcohol to the person responsible for the accident.
They Check Dram Shop Laws
Our law firm will investigate your case to figure out if any dram shop laws were violated. We will conduct an investigation to find out if the vendor knew, or should have known that the person responsible for the accident was underage or addicted to alcohol.
They Calculate Your Damages
Dram shop attorneys can calculate how much your damages are worth based on how badly you were injured. We will include economic and non-economic damages in your settlement.
Your economic damages can include all of the medical bills you had to pay because of your injuries. This includes ongoing treatments and any medication you had to receive. You can also include lost wages and property damage.
Most personal injury victims endured emotional or psychological trauma because of their damages, which include pain and suffering, depression, grief, shame, and other emotions.
They Negotiate a Fair Settlement
If someone has violated dram shop laws, your dram shop attorney will work with the other party’s insurance company to get you a fair settlement offer. If the other party refuses to settle, we can help you to initiate a lawsuit to get the damages you deserve.
Get Help from Dram Shop Lawyers in Tallahassee, Fl
If you are a victim of personal injury caused by a dram shop, it is time to speak with an experienced dram shop lawyer in Florida. Law firms that understand Florida dram shop laws can guide you on whether the vendor or establishment was partially responsible for the actions of the intoxicated person who injured you. Contact our Tallahassee personal injury attorneys at Fasig | Brooks today for a free consultation.