Are Bartenders Responsible for Drunk Drivers in Florida?

When a drunk driver causes an accident, the aftermath can be devastating as victims cope with physical injuries, emotional scars, and financial challenges from medical expenses, lost wages, and damaged vehicles. While the law typically holds the driver accountable, the clients we represent in South Florida who have sustained serious bodily injury often ask, “Are bartenders responsible for drunk drivers in alcohol-related accidents? For DUI victims, it’s a valid concern, especially in Florida, where laws governing drunk driving and alcohol liability can sometimes surprise those unfamiliar with the legal system.

If you or someone you love has been injured in a DUI accident, Cohen & Cohen Law wants you to understand your rights. Our South Florida personal injury law firm takes every case seriously and fights for our clients like family. This blog, from a personal injury attorney, explains the legal options surrounding drunk driving cases, what personal injury victims should know, and how legal representation from professional lawyers can help you pursue justice.

Continue reading to learn more about your legal rights, then contact us at 800-33COHEN800-33COHEN to schedule a free initial consultation.

At Cohen & Cohen Law, we are here to be the experience you need and the legal representation you can trust with your drunk driving accident case.

What Do the Florida Statutes Say About Bartender Liability?

Florida law governing bartender or establishment liability falls under what’s known as dram shop laws. Dram shop laws dictate whether a business or person that provides alcohol can be held liable for damages caused by an intoxicated individual.

Compared to other states, Florida’s dram shop laws are more limited, but they do allow for liability in very specific circumstances. According to Florida Statute §768.125, a bartender or establishment can be held responsible for injuries caused by a drunk driver in a DUI case only if:

1. They knowingly served alcohol to a minor (someone under 21 years old), or
2. They knowingly served alcohol to a person who was habitually addicted to alcohol (“habitual drunkards”).

Therefore, in most cases, a bartender is not liable simply for serving alcohol to someone who later causes a drunk driving accident. However, as DUI accident lawyers know, if the individual who caused the accident was underage or known by the bartender to be addicted to alcohol, grounds for legal action against the establishment could exist.

What Does “Knowingly” Mean Concerning a DUI Accident?

As your personal injury lawyer will advise you, the word “knowingly” influences all discussions surrounding liability. For example, if the bartender served someone underage but did not check their ID, the establishment could be held responsible because they failed to take reasonable measures to verify the person’s age. Similarly, if a bartender repeatedly serves a customer who frequently visits the bar and openly displays signs of alcohol addiction, a case might be made for liability under the second dram shop provision.

What Scenarios Make an Establishment Responsible for a DUI Accident?

To better understand how Florida’s dram shop laws affect drunk driving cases, consider these scenarios:

Example 1: Serving an Underage Individual

A bartender serves multiple drinks to someone who looks young without checking their ID. Later, that intoxicated driver causes a car accident and injures an innocent victim. Because the bartender knowingly served an underage person, the establishment and the driver may face liability in the car accident case.

Example 2: Serving a Known Alcoholic

A habitual alcoholic visits the same bar weekly. The bartender knows them by name and recognizes the warning signs of their addiction. If the bartender serves them alcohol, and the intoxicated patron later causes an accident by driving drunk, a personal injury lawyer could argue that there are grounds for holding the bartender and bar accountable.

Example 3: Over-Serving an Adult Drinker

On the other hand, if a bartender serves alcohol to an adult of legal drinking age, who later causes a DUI accident, the establishment or bartender generally cannot be held liable under Florida law in a personal injury claim, even if the person appeared intoxicated at the time of serving.

What Should Victims of Drunk Driving Accidents in Fort Lauderdale and Throughout Florida Do?

Our DUI accident lawyers understand the uncertainty and confusion resulting from serious injuries sustained in a drunk driving accident. While the driver is often the primary party at fault, other avenues for compensation may be available, such as the bar or establishment, if one of the dram shop exceptions applies.

Take the following steps if you’ve been involved in a drunk driving accident:

1. Seek Medical Attention Immediately

Your health and safety should be your priority. Get medical treatment right away, even if you feel fine initially. Some injuries, like concussions or internal injuries, might not show symptoms until later and medical records can serve as evidence in your personal injury case.

2. Document Everything You Can About the DUI Accident

Following the motor vehicle accident, gather as much information as you can. Take photos of the scene, your injuries, and vehicle damage. Collect contact information for witnesses, and obtain a copy of the police report.

3. Contact a Personal Injury Attorney for Help with Your Injury Case

Handling Florida’s dram shop laws and other legal complexities can feel like an insurmountable task. An attorney can review the details of your civil case, determine all possible sources of liability, and fight for fair compensation.

Keep in mind that a drunk driving accident can lead to both a criminal case and a civil case, each addressing different aspects of the incident. A criminal case focuses on punishing the at-fault driver for breaking the law, such as driving under the influence. On the other hand, a civil case centers on compensating the victim for damages, such as medical bills, lost wages, and pain and suffering. Cohen & Cohen Law handles the personal injury claims connected to these civil cases and pursues economic and non-economic damages for victims.

At Cohen & Cohen Law, we understand the challenges you’re facing. Working on a contingency basis, we represent clients after drunk driving accidents, handling the legal aspects while they focus on getting well. With over 50 years of experience, we have recovered millions in settlements and verdicts that change lives after tragic events.

How Can Cohen & Cohen Law Help?

When you work with Cohen & Cohen Law, you’re not just another case in a sea of files. You’re family. Our law firm takes a personalized approach, fully addressing each client’s unique circumstances.

Our legal staff recognizes that many of our clients don’t have attorneys in their lives or extensive legal knowledge. That’s why we guide you through the details of your case with empathy, clarity, and respect, answering your questions and supporting you throughout the process.

Here’s how we’ll approach your case:

• Thorough Investigation: We’ll dig into the details of the car accident to identify all liable parties, whether it’s the drunk driver behind the wheel, the establishment, or both.
• Informed Guidance: With our knowledge of personal injury law, we’ll explain your rights and the legal remedies available to you.
• Relentless Advocacy: We will fight for maximum compensation to cover your medical bills, lost wages, property damage, and pain and suffering.

Your convenience matters to us. We offer flexible meeting options, from virtual consultations to in-person meetings at a location that works for you.

Contact Cohen & Cohen Law to Schedule a Free Consultation Today

Have you been searching online for a “personal injury law attorney,” “DUI accident lawyers,” or  a “DUI injury lawyer?”

If you or someone you love has been injured in a drunk driving accident, seek justice. Florida’s dram shop laws may be complicated, but our law firm simplifies legal complexities and negotiates with all responsible parties, from insurance companies to the drivers involved.

With over 50 years of experience, we’ve successfully handled cases for clients and enabled them to recover physically, emotionally, and financially from devastating accidents.

When you work with Cohen & Cohen Law you’ll speak directly with an attorney—not a case manager. We take pride in being accessible and approachable because we believe that every client should receive individual attention. Contact us to schedule a free consultation at 800-33COHEN800-33COHEN or complete our online form.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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