Dram Shop Liability
The term “dram shop liability” is unfamiliar to most people today, but everyone who has ever braved Florida’s roads is aware of the dangers of drunk driving. The term “dram shop” was current long before laws against driving under the influence of alcohol went into effect and even before the invention of the automobile. A dram shop was a bar or liquor store that sold alcoholic beverages; a dram was a unit of measurement for liquids. Premises liability laws hold that a place of business is legally responsible if a customer gets injured in a preventable accident because of unsafe conditions at the place of business. Dram shop liability laws extend that legal responsibility to bars and restaurants that serve alcohol if a customer that got drunk at the bar drives afterward and causes a car accident. If you have been injured in a car accident caused by a drunk driver who had consumed alcohol at a bar shortly before driving, contact a Fort Lauderdale auto accident attorney.
Bars Are Legally Responsible for Damages If They Sell Alcohol to Someone Who Is Too Drunk to Drive
Dram shop liability laws take the concept of premises liability and extend it beyond the walls of the bar. Anyone who gets injured in a car accident caused by a drunk driver has the right to file a dram shop liability claim against the bar that sold alcohol to the driver before he or she drove drunk. To prevail in a dram shop liability lawsuit, plaintiffs must prove that the employees of the bar could reasonably have known that the driver was too drunk to drive, meaning that a breathalyzer test or blood test would measure the driver’s blood alcohol content (BAC) at or above the legal limit of 0.08 percent. This would happen if the driver consumed more than three alcoholic beverages in three hours or if the driver showed noticeable signs of intoxication. If you were the drunk driver and you got injured in a single vehicle car accident after leaving the bar, you can still prevail in a dram shop liability lawsuit.
What If Bars Give Free Drinks to Drunk Drivers?
In December 2018, Nicholas Immesberger died in a single vehicle car accident after leaving The Woods restaurant in Jupiter where he worked. His family filed a dram shop liability lawsuit against the restaurant and its owner Tiger Woods. In 2022, a judge in Palm Beach County dismissed the lawsuit on the grounds that Immesberger had not bought alcohol from the restaurant but had instead received it free of charge. His family filed an appeal, criticizing the judge’s reasoning. Under social host liability laws, a homeowner who served alcohol to guests would be legally responsible if a guest got drunk, tried to drive, and caused an accident, and the standard for businesses with liquor licenses should be even higher.
Set Up a Consultation Today
A premises liability lawyer can help you file a personal injury lawsuit or insurance claim if you suffered serious injuries in a traffic accident caused by a drunk driver. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-919 to explore your potential recovery options today.
Source:
palmbeachpost.com/story/news/courts/2022/04/22/tiger-woods-restaurant-sees-lawsuit-2018-fatal-crash-thrown-out/7414990001/
