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Dram Shop Laws: Why Bars Keep Over-serving

It’s a common question every week that I am asked, is the bar liable for the drunk driver that hit me? The unfortunate answer in the State of Florida is Not Usually. Most states have enacted what is called “Dram Shop Laws”. These laws penalize the bar and its owners for over serving patrons that then go out and cause accidents or die themselves.

Florida statute §768.125 states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two situations. First is if they serve an underage minor. The bar is under the presumption that they must screen their patrons and have a duty to not serve underage minors. If this is the case, it will expose them to damages.

Secondly, if the bar or club serves a patron that the bar or club knows is habitually addicted to alcohol. This allows the bar or club a great deal of latitude in the serving and over serving of its patrons, as long as the bartender or worker claims he had no idea the person was habitually addicted. Obviously, these cases are extremely difficult to pursue.

If you need your case evaluated properly, please contact the Sibley Dolman Gipe Accident Injury Lawyers, PA at 727-451-6900. We are here and available to guide you through difficult litigation like the above mentioned cases.

At Sibley Dolman Gipe Accident Injury Lawyers, PA, we represent individuals injured as a result of the negligence exhibited by a drunk driver. Bryan C. Hannan, is a Clearwater Personal Injury Attorney, who focuses his limits his practice to claims relating to wrongful death, catastrophic injury, insurance carrier bad faith, DUI victims, and traumatic brain injury.