The Dram Shop Act imposes liability on drinking establishments such as bars, or taverns, or anyone who serves alcohol to patrons who are already intoxicated. The laws either limit or provide liability to these establishments based on the consumption and sale of alcohol. The bar owner, or the restaurant, or store owner that sells the alcohol could be liable. Even if they are not the person directly that causes the injury, they are one of the causes of the injury.
A St. Petersburg dram shop accident premises liability lawyer will have an understanding of how the local laws can apply to your case and how many damages you should receive for your claim. Speaking with an experienced premises liability attorney can support a beneficial outcome of your claim.
Laws Involving Minors
Florida has a limited Dram Shop law, meaning, instead of providing liability to these bars, it usually limits the liability of the bars that serve alcohol. The two major situations in Florida where bars can be held liable or strictly liable is the sale of alcohol to minors or the sale of alcohol to a person who is known to be habitually addicted to alcohol.
If a person sells alcohol to a 16-year-old, and the teen becomes involved in a car accident and kills someone, the person who served the alcohol could also be held liable for the death of that person. This premise applies also if a server continues to sell alcohol to someone known to be a habitual alcoholic, and that alcohol is involved in a DUI and kills someone. An individual should contact a St. Petersburg dram shop accident premises liability lawyer regarding any underage involvement in their case.
Proving Damages for Recovery
Usually, the intoxicated person can only collect in very, very rare circumstances. The intoxicated person could prove damages done to them, especially if they are a minor, and they were sold alcohol, and got into a car accident or were injured later, and they proved that they should not have been sold alcohol. Even though they were in the wrong, the person, or bar, or club that sold them alcohol could also be held liable for their injuries.
A Saint Petersburg dram shop accident premises liability attorney must prove that this bar or club sold alcohol to a minor and they are strictly liable. It does not matter whether or not the server knew the person was a minor, they are still held strictly liable. In the sale of alcohol to a person habitually addicted to alcohol, they must have the knowledge or it must be known in the community that this person has a history of addiction to alcohol.
Speaking with a Lawyer
St. Petersburg dram shop accident premises liability lawyers have an understanding of local laws for anyone drinking on public property. It may be critical to your case to speak with an attorney about the facts of your case to help determine negligence or liability. An individual has a higher chance of appropriate compensation when they have the help of an experienced attorney. Seeking evidence and finding reliable witnesses could make or break a case, a skilled attorney can help determine what is vital to use or exclude during your trial.