When an injured patron sues a bar or establishment for overserving alcohol to another patron who caused them harm, this is a dram shop liability case. However, the laws surrounding make these kinds of cases difficult to pursue without legal representation. Fortunately, the Boca Raton dram shop accident premises liability lawyers at Kogan & DiSalvo can help an injured party work through their dram shop case and can assist them in seeking compensation.
What Is the Dram Shop Act?
Florida Statute 768.125, otherwise known as the Dram Shop Act, establishes that someone who sells or serves alcoholic beverages to a person of lawful drinking age may not become liable for injury or damage caused by the intoxication of this person.
However, this statute also sets out an exception that states that a person who willfully and unlawfully sells or serves alcoholic beverages to a person who is not 21 or who knowingly serves someone who is habitually addicted to alcoholic beverages may become liable for injury or damage resulting from the intoxicated individual. Boca Raton dram shop accident premises liability attorneys could assess a plaintiff’s case and determine if they have a valid claim under the Dram Shop Act.
Liability Under the Dram Shop Act
As previously mentioned, an establishment or vendor who serves alcohol can only be held liable if they serve alcohol to a minor or if the person they serve alcohol to is known to be habitually addicted to alcohol. Social hosts who serve their guests alcohol may not be held liable for injuries or damages as a result of serving alcohol to someone at a party, even if the host is aware that their guest is an alcoholic. However, a social host can still face charges for giving alcohol to a minor. The skilled lawyers at Kogan & DiSalvo could review the specifics of an injured victim’s case and evaluate whether state law may consider them liable for their losses.
Proving Liability in Dram Shop Cases
What a plaintiff and their Boca Raton property liability attorneys must prove in a dram shop case depends on where the injury occurred. For instance, if someone gets hurt in a car accident caused by a drunk driver, the vendor who served alcohol to that intoxicated driver is protected by the Dram Shop Act. In that situation, the plaintiff must prove that the vendor knew they were serving an alcoholic to prove liability in a negligence case, which can be difficult to prove. On the other hand, if the plaintiff is injured on the vendor’s premises, the plaintiff does not have to prove any of the onerous elements of Florida Statutes 768.125 to succeed in holding them liable.
According to state law, bar owners owe patrons a duty to protect against risks in and around their premises which are reasonably foreseeable. Foreseeable risks for a bar may include patrons getting too drunk and fighting each other, drunk patrons falling and injuring other guests, as well as other dangerous situations. A plaintiff can succeed in holding the bar liable if they can prove that the bar had actual or constructive knowledge of the drunken behavior that may cause harm to other patrons on the premises.
Contact Boca Raton Dram Shop Accident Premises Liability Attorney
If you were injured in a bar or restaurant that serves alcohol, contact Boca Raton dram shop accident premises liability lawyers for help building your case. The experienced attorneys at Kogan & DiSalvo could use their skills and legal knowledge to work through your case while you focus on recovery. To get started on your claim, schedule a free case consultation today.