In some states, Dram Shop liability laws are stricter than in some other states — but not impossible to navigate. While liability for a bar, restaurant, or liquor store is limited, there are specific circumstances where a vendor can be held responsible for injuries caused by an intoxicated person as a motorcycle accident lawyer can explain.
When Can A Bar Be Held Liable In Florida?
Under some state laws, a vendor can be held liable for damages caused by an intoxicated person if either of the following is proven:
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The vendor willfully and unlawfully served alcohol to someone under 21, or
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The vendor knowingly served someone who is habitually addicted to alcohol.
In both cases, the injured party must prove the vendor had actual knowledge:
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That the person was underage and was served anyway.
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That the person was known to be habitually addicted to alcohol, and the vendor served them regardless.
In Proving Fault, What Evidence Matters?
As our friends at Mickey Keenan P.A. can share, to build a strong case for alcohol-related injury liability, evidence is critical. Potential sources of evidence include:
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Witness statements about the intoxicated person’s behavior before, during, and after drinking.
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Video surveillance from the bar or restaurant.
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Police and crash reports linking the incident to alcohol impairment.
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Receipts or bar tabs showing what was served and to whom.
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Social media posts or messages showing drinking behavior.
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Past incidents involving the same person at the same venue.
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Testimony about the bartender’s knowledge of the patron’s condition.
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Blood alcohol test results or failed field sobriety exercises.
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Use of a fake ID or evidence of improper ID checks by the vendor.
Real-Life Example Of Overserving Liability
Let’s say an 18-year-old male enters a bar that doesn’t check his ID. He is served multiple drinks and pays with a debit card. He later drives impaired and causes a crash that injures a 35-year-old woman.
The police respond, conduct a blood alcohol test showing a BAC of 0.18, and record failed sobriety tests. Witnesses confirm that the bartender continued to serve him while visibly intoxicated.
In this situation, the injured woman may be able to pursue compensation not only from the underage driver but also from the bar that served him alcohol with the help of a legal advocate.
Does Insurance Cover This Type Of Injury?
Insurance coverage can be a major hurdle in Dram Shop cases. Many bar and restaurant policies have specific exclusions related to alcohol service or intentional acts. It’s important to assess the type of policy and whether the vendor has applicable coverage.
What To Do If You’ve Been Injured By An Intoxicated Person
Every personal injury case is different. If you’ve been hurt due to someone else’s drinking — whether at a bar, restaurant, or private event — there may be grounds for a Dram Shop claim.
Consult with a personal injury attorney who understands overserving liability laws. They will be able to examine your case and get you the compensation you deserve for your specific case.
