Florida Dram Shop Liability in Alcohol-Related Accidents

Our Seminole Car Accident Lawyer Explains What You Need to Know About Dram Shop Liability After an Alcohol-Related Accident

In Florida, dram shop laws are restrictive, making it difficult to recover compensation even from businesses that let their most inebriated customers continue drinking. However, if certain conditions are met, bars, nightclubs, and even private hosts could be held liable for serving guests who should’ve been turned away—but were allowed to keep drinking before going on to causing an accident. 

Read more to learn about dram shop liability, or contact DeLoach, Hofstra & Cavonis, PA, today to speak to a Seminole car accident lawyer and schedule your 100% free initial consultation. 

Florida’s Dram Shop Laws

Dram shop laws define when establishments that sell or serve alcoholic beverages can be held liable for acts committed by their customers.  

The Dram Shop Law

Florida’s most significant dram shop law is detailed by Section 768.125 of the Florida Statutes. 

Under this section, businesses are only liable for drunk driving accidents caused by inebriated patrons if either of the following is true:  

• The establishment “willfully” and “unlawfully” sells or otherwise provides alcohol to a minor. 
• The establishment “knowingly serves [alcohol to] a person habitually addicted to the use of any or all alcoholic beverages.” 

Florida’s dram shop law is short, concise, and tempered by decades of legal precedent. Previous court rulings have, for instance, defined a “willful” sale and clarified what makes somebody “habitually addicted” to alcohol. 

In most cases, establishing liability under FLA. STAT. § 768.125 requires compelling evidence of a business’s intent to flout the law.  

The Social Host Rule

A social host, unlike a dram shop, is a person who furnishes alcohol to guests in a non-commercial setting. Any of the following parties could be considered a social host under Florida law: 

• A private homeowner hosting a get-together 
• An employer sponsoring a work event 
• An organization, club, or other entity providing alcohol to members or guests

In general, social hosts cannot be held liable for the actions of their guests. The only broad exception to this rule pertains to guests under the age of 21, with state law setting many different penalties for persons who provide alcohol to minors at private functions. Some of these penalties are codified by: 

• FLA. STAT. § 322.057, which permits the state to revoke or suspend the driver’s license of any person who furnishes alcohol to somebody they believe could be under the age of 21. 
• FLA. STAT. § 856.015, which prohibits any “open house party” where minors are likely to possess or consume alcohol. If an intoxicated minor causes injury or death to another person, violations of this section can be charged as a first-degree misdemeanor. 

Florida’s courts have interpreted laws like FLA. STAT. § 856.015 in a way that makes social hosts liable for alcohol-related accidents that involve a minor.  

The Elements of a Dram Shop Claim

Proving that a business or social host violated Florida’s dram shop laws can be difficult. 

To win your claim, you must typically establish each of the following elements: 

• The defendant controlled the dram shop’s premises, and the defendant was responsible for providing alcohol to social guests. 
• The defendant knew or should have known that they were selling alcohol to a minor or a person addicted to alcohol. 
• The defendant failed to act by continuing to provide alcohol to a person who should not have been served or sold alcohol. 

However, just as you have a right to file a lawsuit after being injured by a drunk or otherwise negligent, so too do businesses have a right to mount to a vigorous defense. 

Bars, nightclubs, and even social hosts may try to minimize liability by: 

• Claiming that a minor looked older than they really were. 
• Testifying that an underage customer provided a fake I.D. to misrepresent their actual age. 
• Saying there was no way for them to have known that somebody was “habitually addicted” to alcohol. 

Even if a defendant makes these claims in bad faith, meeting a Florida court’s high standards can require collecting a wide range of very compelling evidence.