What Is Florida’s Dram Shop Act?

If you or a loved one were injured in a car accident or violent incident involving an intoxicated or drunk person, you may be wondering whether the business or individual who served that alcohol can be held legally responsible. In Florida, this question is governed by the state’s Dram Shop Act, outlined in Florida Statute 768.125.

The Dram Shop Act limits when someone who serves alcohol can be held liable for injuries caused by an intoxicated person—but there are important exceptions. This blog explains the law, how it applies to real-world situations, and what options may be available for victims seeking justice.

What Does Florida’s Dram Shop Law Say?

Florida’s Dram Shop statute is found under Florida Statute 768.125, which generally states:

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
• A person who is habitually addicted to alcohol;

…may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

The exact language of the specific dram shop statute says:

“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.”

What Does This Mean for Injury Victims?

In simple terms, Florida law generally protects bars, restaurants, liquor stores, and individuals from being sued if an intoxicated adult causes an accident or injury. However, two critical exceptions can create liability:

1. Serving Alcohol to a Minor

If a person or business willfully and unlawfully serves alcohol to someone under 21 years old, and that underage individual causes injury or damage while intoxicated, the server or business can be held liable.

2. Serving a Habitually Addicted Person

If someone knowingly serves alcohol to a person who is habitually addicted to alcohol—such as a person with a long-standing drinking problem who regularly drinks to excess—the server or business may be liable for any resulting injury or damage caused by that individual’s intoxication.

Examples of Florida Dram Shop Liability

Example 1: Underage Drinking and a Fatal Car Crash

A nightclub in Orlando serves alcohol to a 19-year-old with a fake ID. After drinking for several hours, the underage patron drives home and causes a fatal accident on I-4. The victim’s family may bring a wrongful death claim against the nightclub under the Dram Shop Act.

Example 2: Serving a Known Alcoholic

A bar in West Palm Beach serves alcohol to a regular customer known to the staff as a chronic alcoholic. After being visibly intoxicated, the person leaves the bar and injures a pedestrian while driving. If it can be proven the bar knowingly served someone habitually addicted to alcohol, they may be held liable for the injuries.

Who Can File a Dram Shop Claim in Florida?

The following parties may be able to bring a claim under the Florida Dram Shop Act:

• Victims who were directly injured by an intoxicated minor or habitual drinker
• Family members filing a wrongful death claim on behalf of someone killed in an alcohol-related accident
• Pedestrians, drivers, passengers, or other third parties affected by the intoxicated person’s actions

Challenges in Florida Dram Shop Cases

Proving liability under Florida’s Dram Shop Act can be complex. These cases often require evidence that:

• The person served was underage or habitually addicted to alcohol
• The bar, restaurant, or individual knew or should have known this but served them anyway
• There is a direct link between the act of serving alcohol and the resulting injury

Without experienced legal help, injury victims may struggle to gather this evidence and hold negligent parties accountable.

Does Florida Allow Lawsuits Against Social Hosts?

Unlike some other states, Florida does not generally hold private social hosts liable for serving alcohol to adults who later cause injury. However, a social host may be liable if they serve alcohol to someone under 21.

What Damages Are Available in a Florida Dram Shop Lawsuit?

If your claim is successful, you may be entitled to compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage
• Loss of companionship (in wrongful death cases)
• Funeral and burial expenses

What Is the Time Limit for Filing a Dram Shop Claim in Florida?

Florida’s statute of limitations for personal injury cases, including Dram Shop claims, is generally two years from the date of injury or death. Delays in filing can result in losing your right to pursue compensation, so it is important to act quickly.

How a Florida Dram Shop Attorney Can Help

These claims are often complex and aggressively defended by bars, restaurants, and their insurance companies. An attorney can help by:

• Investigating the circumstances of the alcohol service
• Interviewing witnesses and employees
• Obtaining surveillance footage or receipts
• Identifying all liable parties
• Filing your claim within the legal deadline

Contact a Florida Dram Shop Lawyer Today

If you or a loved one were injured in an alcohol-related accident involving an underage or habitually addicted individual, you may have a claim under Florida’s Dram Shop Act.

Call the Law Offices of Jason Turchin at 800-337-7755 or visit www.victimaid.com for a free consultation. You pay no fees or costs unless we win or settle your case.