Wieland & DeLattre
Call Now For A FREE No-Obligation Consultation:
Orlando: 407-841-7699 Brevard: 321-639-4777

A Personal Approach To Injury Law

Attorneys Image

Can Florida bars be held liable for drunk driving deaths?

Did a drunk driver cause you serious injury? Did a loved one perish due to a drunk driver's actions? It's a far-too-common scenario out there on the roads. Someone stops for a drink on the way home from work, and one drink turns into three or four before they stumble out the door and get behind the wheel again.

The drunk driver is certainly responsible for their own actions. However, many people feel that the bar, brewery or host that served that drunk driver should also bear at least some responsibility for the accident as well.

In many states, the victims of drunk drivers often have a fairly broad right to look past the insurance coverage (if any) provided by the drunk driver and hold the "dram" shop (like a bar or brewery) or a social host responsible for over-serving a guest who goes on to cause a drunk driving accident.

Florida, however, is not one of those states. There are only very limited circumstances in Florida in which a person or establishment who gives or sells alcohol to another can be held liable for a drunk driver's actions. A bar can, for example, serve someone who is visibly intoxicated without necessarily incurring any liability if that person goes out and causes an accident.

Under Florida law, a bar or host can only be held liable for an accident caused by a drunk driver if the person they served was either a minor or "habitually addicted" to alcohol (and the bar or host was aware of the person's addiction).

That makes it tough to prove that a bar or social host should bear responsibility for a serious accident or wrongful death caused by a drunk driver -- but not impossible. An experienced attorney can often find evidence that an establishment or host knew that a "regular" was a problem drinker -- and that opens the door to legal liability.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Help After A Serious Injury

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Wieland & DeLattre
226 Hillcrest St.
P.O. Box 944
Orlando, FL 32802

Phone: 407-841-7699
Phone: 321-639-4777
Fax: 407-841-2084
Orlando Law Office Map