Can I Sue a Bar or Restaurant After a Florida Drunk Driving Accident?

When a person drinks and gets behind the wheel, the consequences can be devastating. Drunk driving can cause accidents that result in severe injuries and leave victims with significant financial burdens and emotional trauma. If you were injured in a Florida drunk driving accident, a question you may have is whether you can sue the bar or restaurant that served alcohol to the driver who hit you. So, can you sue a bar or restaurant after a Florida drunk driving accident? In some cases, you can sue a bar or restaurant after a Florida drunk driving accident. You can sue an establishment on top of suing the drunk driver. In this article, we explore when such legal action can be taken.

Florida’s Dram Shop Law

In Florida and other states across the United States, dram shop laws allow individuals injured in drunk driving accidents to take legal action against alcohol-serving establishments. However, dram shop laws differ from one state to another. According to Florida Statutes Section 768.125, you might have the right to sue a bar, restaurant, or another alcohol-serving establishment if the establishment willingly sold alcohol to a person below the legal drinking age or a person who is habitually addicted to alcohol. Other states allow you to sue an alcohol-serving establishment for serving alcohol to an already intoxicated individual, but this is not the case in Florida. In Florida, accident victims can only file a claim against an establishment if it knowingly served alcohol to someone below the age of 21 or a known alcoholic.

What if a social host served the alcohol to the driver who hit you? In Florida, dram shop laws apply only to liquor licensees, not social hosts. However, in some instances, social hosts can be held legally responsible for allowing underage drinking. According to Florida Statutes Section 856.015, it is illegal for a host to knowingly allow underage drinking or fail to take reasonable steps to prevent underage drinking during a social gathering at a residence. If a social host allows an underage person to possess or drink alcohol or fails to take reasonable steps to prevent them from possessing or drinking the alcohol, and the underage person injures a person in a drunk driving accident, the social host can be held liable.

Filing a Dram Shop Claim

Suing a bar, restaurant, or another alcohol-serving establishment after a drunk driving accident can be a complex thing. It requires a thorough investigation and the collection of substantial evidence. You will need substantial evidence to show that the establishment willingly served alcohol to an underage person or a person habitually addicted to alcohol. You must also file your claim within the time limit allowed for Florida car accident claims to preserve your right to compensation. The time limit for filing car accident claims in Florida is two years (updated March 2023). Previously, it was four years. Because of the complex nature of dram shop claims, you will need a skilled car accident attorney by your side. An attorney can help you gather the necessary evidence to build a strong case and ensure you file your claim on time.

Contact Our Lakeland, FL Car Accident Attorney

If you were in a Florida drunk driving accident and are considering filing a dram shop claim, contact our qualified Lakeland car accident attorneys at Darla K. Snead, P.L., for legal help.