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Injured by somebody who was overserved alcohol – do you have a case?

July 10, 2013

Leesburg Florida trial lawyer discusses potential cases against restaurants and bars for over-serving a customer with alcohol and then the customer goes out and hurts an innocent party.

You know or you’ve heard the story. An innocent person is seriously injured by a drunk driver. The reports say that the drunk driver was overserved at a restaurant or bar. Does the injured person have a claim against the establishment for overserving the customer?

The general answer to the question is no. Florida does not have a dram shop law. Restaurant, bars and other sellers are generally not liable for injuries caused because a patron was drunk. Florida’s law is codified at 768.125, Florida Statutes.

As with all general laws there are two exceptions to the Rule. A seller of alcohol can be held liable for injuries if the patron who was served alcohol was a minor or the person who was served the alcohol was an habitual drunkard and the restaurant or bar had knowledge of the drinking habits of that person.

Florida’s liquor liability law is complex. It is not enough to just show that the bar or restaurant overserved the customer, you have to go much further in order to get compensation for the injuries.

If you have any questions about an accident that was caused by a drunk, you can call me on my cell at 352-267-9168 or fill out the internet consultation form on the right.