What Are Dram Shop Laws in Florida?

If you are severely injured by a drunk driver, the at-fault driver’s insurance may not be enough to cover your damages. You may wonder: Is the bar or restaurant that overserved them liable? This concept is known as “Dram Shop Law.”

In many states, a bar can be sued simply for overserving a patron. However, under Florida Statute 768.125, the law is much stricter. A person or establishment that sells alcoholic beverages is normally not liable for injuries or damages caused by an intoxicated patron. However, there are two major exceptions where a bar can be held liable:

  1. They willfully and unlawfully sell alcohol to a minor (someone under the lawful drinking age).
  2. They knowingly serve alcohol to a person who is habitually addicted to the use of alcoholic beverages.

If an establishment knowingly serves a minor to the point of intoxication, or repeatedly serves someone they know has a drinking problem, and that person causes a car crash or an altercation, the establishment can be sued for damages. Willfully serving a minor is considered an intentional tort in Florida, meaning the bar cannot try to deflect blame onto the minor’s comparative negligence.

The full text of 768.125 says, “Liability for injury or damage resulting from intoxication.—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.”

Is a Bar Liable for a Drunk Driver in Florida?

Generally, no. Under Florida Statute 768.125, an establishment or person who sells alcoholic beverages to someone of lawful drinking age is not liable for injuries or damages caused by that person’s intoxication. However, there are two strict exceptions where a bar, restaurant, or bartender can be held legally liable:

  1. Willfully and unlawfully serving a minor: If a bar serves alcohol to someone under the age of 21, and that minor causes an accident, the bar can be held liable. Because acting “willfully” implies intent, unlawfully serving a minor is actually considered an intentional tort in Florida. This is incredibly important in personal injury cases because a defendant who commits an intentional tort cannot use “comparative negligence” as a defense. For example, if a bar unlawfully serves a minor, and that minor gets into a fight and hits another patron with a barstool, the bar cannot try to deflect blame onto the injured victim by claiming the victim “started the argument.” The bar is fully liable for creating the dangerous situation.
  2. Knowingly serving a habitually addicted person: A bar can also be held liable if they knowingly serve alcohol to someone who is habitually addicted to it. Proving a bartender “knew” someone was an alcoholic can be challenging, but Florida case law suggests that if an establishment repeatedly serves someone to the point of extreme excess, it can create a legal inference that the person is habitually addicted to alcohol.

It is also important to note that a bar’s liability isn’t limited exclusively to car accidents or injuring others. If a bar willfully serves a minor to the point of severe intoxication, and that minor leaves and subsequently injures or kills themselves, the courts have found that the bar can be held liable for those damages as well.

Can Bartenders Legally Stop You From Driving in Florida?

A common misconception is that a bartender has a legal duty or the physical authority to stop an intoxicated patron from leaving. While a responsible bartender or establishment will try their best to convince a patron not to drive, they cannot legally detain someone or physically force them to hand over their keys.

Social Host Liability & Open House Parties in Florida

Florida’s dram shop laws do not only apply to commercial businesses like bars and restaurants… they can also apply to private residences. For example, what happens if an underage drunk driver is served at a friend’s house party? Can the parents or the homeowner’s insurance be held responsible?

Under Florida law, the same rule that makes it illegal to furnish alcohol to a minor at a bar applies to private homes. Furthermore, Florida has strict Open House Party laws. Under this statute, any person who has control of a residence is prohibited from allowing an open house party to take place if they:

  • Know that alcoholic beverages or drugs are being possessed or consumed by a minor at the residence, AND
  • Fail to take reasonable steps to prevent the possession or consumption of alcohol or drugs.

If an adult hosts a party, knows minors are drinking, and does nothing to stop it, they face direct criminal penalties on top of the civil negligence liability if that minor goes out and causes an injury or fatal accident.

What if the parents aren’t home?

A frequent scenario involves parents going out of town, having no idea their teenager is hosting a party where alcohol is brought in, and a drunk driving accident occurs as a result. Because the Open House Party statute requires the person in control of the residence to actually know the minors are consuming alcohol, parents who are entirely unaware of the party generally will not face criminal liability. However, victims may still be able to explore avenues of civil liability through the homeowner’s insurance policy, depending on the specific circumstances of the accident. For a more concrete answer, discuss the specifics of your situation with an attorney.

Injured by a Drunk Driver? Contact a Dram Shop Liability Lawyer Near You

If you or a loved one was injured by a drunk driver or harmed because a bar, restaurant, or social host irresponsibly served alcohol, speaking with a Florida dram shop liability lawyer can help you understand your legal options. Florida’s dram shop laws are complex, and proving that an establishment knowingly served a minor or a habitually addicted person often requires a detailed investigation into surveillance footage, witness testimony, receipts, and prior incidents involving the establishment. An experienced attorney can help determine whether a bar, restaurant, homeowner, or other party may be financially responsible for your injuries, medical bills, lost wages, and pain and suffering. If you are searching for a dram shop liability lawyer near you, do not wait to seek legal guidance, as important evidence may disappear quickly after an accident or injury occurs.

On This Page show