Filing DUI Claims Against Establishments
Filing DUI claims against establishments for victims DUI injury accidents is not very common but these situations do occur.
When a victim is injured due to a driving under the influence (DUI) accident, in addition to pursuing claims against the intoxicated driver, in some cases, DUI claims against establishments may be pursued if the establishment served alcohol to the driver before the incident. These claims are generally referred to as third-party liability claims or dram shop liability claims. In such cases, the establishment (e.g., a bar, restaurant, or club) may be held partially responsible for the injuries caused by the intoxicated driver.
Florida’s dram shop law holds businesses liable for serving alcohol to people who are under 21 or who are known to be addicted to alcohol.
This law enables DUI claims against establishments and can apply to bars, breweries, liquor stores, restaurants, and hotels.
Who can be held liable?
- Bars, Breweries and restaurants – Can be held liable for serving alcohol to minors or people who are known to be addicted to alcohol
- Hotels – Can be held liable if they serve alcohol to minors or people who are known to be addicted to alcohol, even if the alcohol is served in a minibar
- Liquor stores – Can be held liable if they sell alcohol to people who are known to be addicted to alcohol
What must victims prove?
- Duty of care
- Breach of duty
- Causation
- Damages resulting from the accident.
What can victims seek?
- Monetary damages: Medical bills, lost wages, and more
- Non-monetary damages: Pain and suffering, loss of consortium, and more
- Punitive damages: Only available in extreme circumstances
Innocent people who are involved in a DUI related accident are protected by statutes which may allow victims to file DUI CLAIMS AGAINST ESTABLISHMENTS WITH A civil lawsuit against those who profited from the drunk driver.
Florida Statute 768.125 (Liability for injury or damage resulting from intoxication) states that:
A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
• It must be proven with sufficient evidence that the driver was a known drunk driver, served while visibly impaired and etc. – proof of them having 1-2 drinks is not likely enough.
• This law applies to drinks sold and consumed immediately at such premesis. A store or business selling a 12-pack or a bottle of wine to go would generally be excluded.
• If drinks have been sold to someone under legal drinking age, they are absolutely liable for any accident caused by the drunk driver.
If the above conditions are met, DUI claims against establishments can be filed.
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In some situations, DUI claims against establishments can be filed against Florida bars, restaurants, hotels, nightclubs, liquor stores, and other businesses or establishments that profit from sales of alcoholic drinks and beverages.
DUI claims against establishments can help ensure that they are held legally responsible for damages caused by a drunk driving accident.
The complex issues involved in these types of claims are another strong reason why anyone involved in any type of accident involving a personal injury should immediately contact an experienced personal injury lawyer right away.
We put multiple attorneys on your case in order to give it the extra attention it deserves.
Having an experienced auto accident lawyer can help victims negotiate better settlements for injured victims going up against insurance companies.
At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to work towards trying to get you the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.