All too often, overconsumption of alcohol leads to severe or catastrophic personal injury. Like most states, Florida has stringent liquor liability laws that, in many cases, protect alcohol providers from being held liable for injuries resulting from their service of alcohol. But that does not mean bars, restaurants, and other alcohol-serving establishments are free of responsibility.
On the contrary, liquor liability laws, also known as dram shop laws, set strict service requirements and restrict the over-serving of alcohol to ensure patrons are served safely. These alcohol liability laws protect patrons like you and are meant to help reduce alcohol-related injuries. When they’re ignored, the results can be devastating.
If you or a loved has been seriously injured because an establishment did not uphold Florida’s liquor liability laws, you need an experienced and creative attorney who is well-versed in alcohol liability law to get you the compensation you deserve.
At Mase Seitz Briggs in Miami, our attorneys have recovered millions of dollars for clients who were injured by establishments that failed to follow Florida’s liquor liability laws. Contact us today for a free consultation to see if you have a viable claim based on over-service of alcohol.
What Are Dram Shop Laws?
Since the repeal of Prohibition, states have had significant power to regulate alcohol. Florida, like most states, has dram shop laws that allow those injured by the over-service of alcohol to bring civil lawsuits, but they also significantly reduce the circumstances in which alcohol providers are liable for their service of alcohol.
Dram shop laws are named after establishments in 18th-century England that sold gin by the spoonful, called a “dram.”
In Florida, dram shop laws state that an alcohol provider is liable for injuries or damages that result from the over-service of alcohol if the provider:
- Willfully and unlawfully sells or furnishes alcoholic beverages to an underage individual; or
- Knowingly serves a person habitually addicted to alcohol.
If there is evidence that the consumer was an alcoholic or under 21-years-old, and the establishment knew and served them, then that establishment is breaking Florida’s liquor liability laws and can be held liable for the consequences of their decision to serve alcohol to those individuals.
The trial lawyers at Mase Seitz Briggs have successfully represented clients in South Florida seeking to hold alcohol providers liable for such improper service of alcohol. Responsible Florida alcohol providers uphold alcohol liability laws and prevent underage alcohol consumption, over-service, and service to alcoholics by:
- Properly training employees to spot intoxicated individuals
- Having multiple procedures for checking identification, such as black lights or scanners
- Measuring alcohol before preparing drinks
- Keeping count of how many drinks patrons are served
- Offering food to patrons
- Offering water between drinks
These are only a few examples of responsible service practices that help establishments adhere to Florida’s liquor liability laws. Despite the simplicity of many of these actions, not all establishments do what’s needed to avoid breaking the law.
If you or a loved one was injured because of the negligence of an alcohol vendor in Miami, South Florida, or elsewhere in Florida, contact us today. We are here to help you obtain justice when dram shop laws are ignored.
Social Host Liability & House Party Liability
Florida Law Regarding Claims for Injuries Occurring at House Parties
Alcohol often plays a central role in house parties and other private social gatherings in Florida. Under Florida’s alcohol liability laws, private social hosts are generally not responsible for injuries that result from their guests’ consumption of alcohol. However, if an underage guest is served, the rules are different.
In Florida, liquor liability laws impose a duty on homeowners and party hosts to ensure that underage individuals don’t drink alcohol. If they fail to do so, they face both criminal and civil liability. Whether you were under the legal drinking age and illegally served alcohol at a house party or were injured by an underage drunk driver who was served, you might be entitled to compensation for your injuries.
- 856.015, Florida Statutes makes it a crime to let anyone under 21 years of age drink alcohol at a party if:
- The party host had control over a residence;
- The host allowed a party to take place at the residence;
- Drugs or alcohol were consumed by underage individuals;
- While in control of the residence, the host knew of the underage consumption; and
- Despite knowing that underage individuals were consuming alcohol or drugs, the host failed to take reasonable steps to prevent consumption.
Proving Civil Liability in Florida
Florida Statute § 856.015 can be used to prove civil liability under the doctrine of negligence per se. Negligence per se occurs when a person or business violates a criminal statute that is designed to protect a certain class of people, and the plaintiff is a member of that class.
For example, the Florida “Open House Party” statute is designed to protect underage individuals from the harm they could do to themselves or others as a consequence of drinking alcohol. When negligence per se is proven, the person or business that served alcohol is in violation of Florida’s liquor liability laws and, as a result, liable for any resulting injuries.
Other Ways of Establishing Social Host Liability
While Florida law limits social host liability related to serving alcohol, it does not mean that you or an injured loved one do not have any recourse if you were injured by someone who drank too much at a private gathering. Alcohol overconsumption may have been one of several contributing factors in you or a loved one’s severe physical injuries.
A property owner can be legally liable for injuries arising from unsafe conditions or known hazards. For instance, if a guest trips and falls because of a loose stair or unsecured cables, the property owner may be held accountable through a premises liability claim.
Property owners are required to keep their premises in a reasonably safe condition and to correct or warn of any dangerous conditions that they know or should know about.
Holding Negligent Parties Accountable
If you or someone you know has been injured due to alcohol consumption or in an accident in which alcohol was a contributing factor, contact our office to discuss your case. Because of the powerful liquor liability laws that shield alcohol providers from accountability, you need the experienced attorneys at Mase Seitz Briggs in Miami to help you recover.
At Mase Seitz Briggs, our attorneys are singularly focused on obtaining the maximum compensation available for each of our clients. With over 100 years of combined experience, we can help you get the results you deserve.
Understanding Your Rights After an Injury
Injury victims need to act fast to protect their right to recovery. Failure to file a personal injury lawsuit or wrongful death claim within the statutory time period may prevent you from receiving compensation. If you are injured, you also should seek medical treatment immediately and continue treatment until released by a physician.
In general, if you are injured in an alcohol-related accident, you should always consult with an attorney to determine if you have a claim against another party. In some cases, there may be multiple parties that can be held responsible for your injuries, including the other driver in a drunk driving case or a social host that willfully furnished alcohol to someone underage.
Call our office to determine whether you have a valid claim for damages. Our experienced legal team will help you understand your legal options and explain your best course of action for receiving compensation.
Contact Our Office for a Free Consultation
If you or a loved one has been injured because someone improperly served alcohol, you may have a claim for all the resulting damages. The attorneys at Mase Seitz Briggs have the expertise necessary to handle your liquor liability claim and recover the compensation you deserve.
Call us today at 305-602-4927 or fill out our online contact form for a free consultation. Never settle for less than your case is worth; get the recovery you need to be made whole again. Our attorneys will fight for you and your family. Contact our office to discuss your claim. We have recovered millions of dollars on behalf of injury victims in Miami and throughout South Florida.
Get the help you need from real trial lawyers that know how to hold people accountable for their wrongdoing.
Our Successful Liquor Liability Cases
Our attorneys have successfully represented individuals in bringing claims against establishments that served alcohol in violation of Florida’s dram shop laws.
We represented an underage college student who was over-served alcohol at an all-you-can-drink “college night”-themed event at a South Florida bar. He left on foot and was hit by a car while trying to cross a dark street in the early morning hours. He suffered a traumatic brain injury and catastrophic, life-altering physical injuries.
We sued the bar and used social media posts to find evidence proving it had a pattern of marketing to, serving, and turning a blind eye to underage college students on “college night.” The bar and its insurers settled for $11 million, the limits of the bar’s insurance policy. The attorneys at Mase Seitz Briggs were able to get our client the compensation he needed for his future medical care. Read more about our results here.
In another Florida liquor liability law case, we represented a young man who was involved in a motorcycle crash in Key West after being served alcohol at a work holiday party. His employer knew our client was only 20-years-old but allowed him to drink several beers anyway. After leaving the event, he crashed his motorcycle and suffered severe physical injuries. His employer settled for $2.75 million.
If you or an underage family member was served alcohol and injured, the Florida liquor liability law attorneys at Mase Seitz Briggs are here to help. Contact us today for a free consultation and learn how we can get you the compensation you deserve.
