Sometimes, but Florida places significant limits on when a bar, restaurant, or other alcohol provider can be held responsible for injuries caused by an intoxicated customer.
Florida generally does not impose liability on a business merely because it served alcohol to an adult who later caused an accident. State law creates narrower exceptions involving alcohol furnished to someone under the lawful drinking age or to a person known to be habitually addicted to alcohol.
That makes these cases very different from an ordinary drunk-driving injury claim.
Key Takeaways
- The drunk driver can still be responsible for injuries caused by negligent or impaired driving.
- Florida generally protects alcohol sellers from liability for an adult customer’s intoxication.
- Important exceptions can apply when alcohol is willfully and unlawfully furnished to an underage person.
- Liability may also arise when alcohol is knowingly served to someone habitually addicted to alcohol.
- Simply proving that a customer appeared drunk may not establish that the business meets Florida’s statutory exception.
What Is Florida’s Dram Shop Law?
“Dram shop law” is a common term for laws addressing when someone who sells or furnishes alcohol can be held responsible for injuries caused by an intoxicated person.
Florida’s rule appears in Florida Statute §768.125.
The statute begins with a broad limitation: a person who sells or furnishes alcohol to someone of lawful drinking age generally does not become liable simply because that customer’s intoxication later causes an injury.
The statute then creates two important exceptions.
What If the Bar Served Someone Under 21?
Florida law allows potential liability when a person willfully and unlawfully sells or furnishes alcohol to someone who is not of lawful drinking age and that person’s intoxication causes injury or damage.
This can create issues far beyond proving that an underage customer had been inside the establishment.
Evidence may be needed to establish where the alcohol came from, who provided it, what the business or server knew, and whether the drinking was connected to the crash.
Receipts, surveillance footage, identification records, witness statements, and electronic payment information may all become relevant depending on the circumstances.
What If the Driver Was an Adult but Clearly Drunk?
This is where Florida law is frequently misunderstood.
Serving an adult who appears intoxicated does not automatically satisfy Florida’s statutory exception.
For a person of lawful drinking age, §768.125 specifically refers to knowingly serving someone habitually addicted to the use of alcoholic beverages.
That is a more specific issue than whether the customer had too much to drink on one particular evening.
As a result, a claim involving an adult customer may require evidence concerning what the alcohol provider knew about that individual’s history and drinking habits.
Is the Drunk Driver Still Responsible?
Potentially, yes.
A possible claim against an alcohol provider does not erase the conduct of the driver who caused the crash.
The Black Law Company handles Florida automobile accident claims, including collisions involving drunk driving. Our auto-accident practice addresses damages such as medical expenses, lost wages, rehabilitation costs, property damage, and qualifying noneconomic losses.
Depending on the circumstances, an investigation may therefore examine the driver first while also determining whether another party played a legally significant role.
Why Does Early Investigation Matter?
Evidence involving alcohol service can disappear quickly.
Security footage may be overwritten. Employees may change jobs. Customers who witnessed the driver’s condition may become difficult to identify. Receipts, credit-card records, and other business records can become important when reconstructing where and when alcohol was served.
The accident itself also needs to be investigated.
Police reports, witness accounts, crash-scene photographs, toxicology information when available, and vehicle evidence can all help establish what occurred.
Drunk-Driving Cases Can Involve More Than One Liability Question
A serious drunk-driving collision may initially look straightforward: an impaired driver caused a crash.
But Florida’s alcohol-liability law means a complete investigation may require additional questions. Was the driver underage? Who provided the alcohol? Did the business know the person was habitually addicted to alcohol? Is there evidence that satisfies Florida’s narrow statutory exceptions?
At The Black Law Company, we represent people injured in Florida car accidents and investigate the parties and insurance coverage that may be relevant to their claims. Our firm is based in Tampa and handles personal injury matters throughout Florida.
If you were injured by an impaired driver, we can review the circumstances surrounding the collision and determine which potential sources of liability warrant investigation.
This article provides general information about Florida personal injury law and is not legal advice. Liability involving alcohol providers is highly fact-specific and depends on the evidence in each case.
This post was written by Okoye Morgan Jr., a personal injury law firm west lakes market street district fl and lawyer with extensive knowledge of Tampa car accidents. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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