Florida’s Dram Shop Law | What You Need to Know

Jun 18, 2020 - Car Accidents

There are few things more dangerous than driving while under the influence of alcohol. Everybody knows this, and there are various laws in every state against it, however, this does not stop everyone from doing it. In fact, there are over 10,000 drunk driving-related fatalities in the United States every single year. That being said, if you were injured in an accident caused by a drunk driver, you are most likely looking to hold that driver responsible. Our firm can help you do so, however, you should note that there is a very good chance that driver is not the only party responsible. Under certain circumstances, establishments that serve certain individuals alcohol may also be liable for an injury under Florida’s dram shop law. Please continue reading and reach out to our Florida personal injury attorneys today to learn more about what we can do for you. Here are some of the questions you may have:

What is Florida’s dram shop law?

Florida Statutes section 768.125 explains Florida’s dram shop law. Essentially, when someone willfully and unlawfully provides alcohol to someone under the age of 21, or when someone knowingly provides alcohol to someone who is “habitually addicted” to alcohol, that person may be held liable for any injuries caused by the person who should not have been served alcohol. That being said, many states also prohibit individuals from serving alcohol to someone who is or appears to be intoxicated, however, Florida does not recognize this notion in its dram shop law.

So, for example, you were driving on your way home one day when suddenly, a drunk driver crashes into you, and you are seriously injured as a result. If that drunk driver was a minor or a habitually addicted person who was recently served alcohol at, say, a bar down the road, you may sue that driver, as well as the establishment that served alcohol to that person for your injuries. However, you will need an experienced Jacksonville personal injury attorney to do so. 

How long will I have to sue a drunk driver for an injury in Florida?

If you have been injured in an accident due to the negligence of a drunk driver, you will have to file a lawsuit against that driver within the state’s statute of limitations. The statute of limitations for personal injury claims in Florida is, generally, four years, so you will, generally, have four years from the date of your accident to take legal action against the party responsible. That being said, it is always best to file your claim as soon as possible. If you wait any longer than four years, you will most likely be barred from suing. We are ready to help you today. 

Contact our experienced Florida firm

Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. We understand the urgency of your personal injury claim and additional legal matters, which is why we provide each of our clients with compassionate and efficient legal assistance, every step of the way. Please contact our office for an initial consultation today.

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