Understanding Insurance and DUI in Florida Car Accidents

When a car accident happens in Florida, figuring out insurance and compensation can get tricky—especially if the driver at fault was driving under the influence (“DUI”) or otherwise broke the law. Here is what you need to know.

Criminal DUI and Civil Lawsuits

Drivers who cause accidents while committing crimes—like DUI—may be considered criminally liable. A criminal case against a driver convicted of DUI can influence a victim’s substantive civil case in these ways:

Using a Criminal Conviction as Evidence: When the driver is convicted of a crime (like DUI), it can strengthen the civil lawsuit by serving as proof of wrongdoing.
Punitive Damages: In cases where a driver acted willfully or recklessly, victims may be able to receive not only compensatory damages but also punitive damages. Such cases require a higher standard of proof as to a driver’s recklessness or intentional misconduct and require special permission from the court before pursuing punitive damages. Punitive damages go beyond regular compensation and are aimed at punishing the wrongdoer.

How the At-Fault Driver’s Insurance Works

DUI convictions can affect how insurance coverage functions in cases where the at-fault driver was drunk. Florida law requires that drivers must have liability insurance, which covers damages and injuries they cause to others. Insurers usually cover damages and injuries caused in an accident, even if the at-fault driver was driving under the influence, up to the limits of their policy. However, insurance companies sometimes argue that the policy does not cover those actions. Additionally, most insurance policies will not cover damages if the driver’s criminal actions were intentional under a policy’s Intentional Act Exemption. (e.g., road rage while driving drunk). If that happens, victims may need to seek compensation elsewhere.

Covering Costs When Insurance Falls Short

What if the at-fault driver’s insurance is not enough to cover the victim’s damages/injuries or does not apply? Victims can still take steps to recover their costs, but coverage might be limited. Here’s how they can proceed:

Personal Injury Protection (PIP) Coverage

Florida’s no-fault law requires all drivers to use their own PIP insurance for medical bills and lost wages first, regardless of who caused the accident. However, Florida law only requires drivers to carry $10,000 in PIP coverage, which may not be enough in cases with extensive injuries or where an injured person is forced to miss a significant amount of work. Drivers should carefully review their policy regarding their total PIP coverage, so they are comfortable with their coverage limits.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

After PIP coverage is exhausted, if an at-fault driver does not have enough insurance, victims can turn to their own UM/UIM policies for coverage. These policies fill the gap when an at-fault driver’s liability insurance cannot fully cover the damages. While UM/UIM coverage is not required in Florida, it is highly recommended that drivers carry it, especially given the state's high rate of uninsured drivers. UM/UIM coverage is relatively inexpensive compared to general liability coverage and is usually available for purchase as part of most auto plans.

Personal Injury Lawsuit

If insurance options do not fully cover the damages, victims can file a legal claim against an at-fault driver. Keep in mind that if the driver has few assets, including limited insurance coverage, recovering money through a lawsuit might be difficult.

Understanding Florida’s Comparative Fault Rule

Florida follows a modified comparative fault system. This means that if the injured person is partly responsible for the accident, their damages could be reduced by their share of the blame. For example, if the victim is found 10% at fault, their compensation will be reduced by 10%. A skilled attorney can help ensure the victim’s share of fault is minimized.

Next Steps for Victims

Navigating insurance claims after an accident involving a drunk driver can be overwhelming. It is important to understand your rights and options. Here is where a personal injury trial lawyer, like those at Mase Seitz Briggs, can help. An experienced trial lawyer can:

Examine all available insurance options
Gather evidence to support your claim
Represent you in negotiations or in court if needed

If you have been involved in an accident with a drunk driver, you do not have to face it alone. Contact us to make sure you get the compensation you deserve.

Recovering from an accident is tough enough—getting the support you need should not be.

Understanding Negligent Entrustment of a Boat to Underage, Intoxicated Individuals

Operating a boat comes with a significant responsibility for the safety of everyone on board and the surrounding public. However, boating accidents remain prevalent, often involving young or inexperienced operators.

A specific legal issue that frequently arises in such incidents is negligent entrustment of a boat, often when alcohol and minors - those aged under 21 years old- are involved. If the operator of a boat allows an underage individual to operate the vessel after they have consumed alcohol, and an accident occurs, they could be liable for negligent entrustment.

Defining “Under the Influence” In the Eyes of the Law

In the state of Florida (under Florida Statutes § 322.2616), a person under the age of 21 is considered under the influence of alcohol if they have a blood-alcohol concentration (BAC) of 0.02 or higher. This is notably lower than the legal BAC threshold for individuals over the age of 21, which is 0.08 (Florida Statutes § 316.193). Reaching a BAC of 0.02 may take as little as 12 oz of beer, 5 oz of wine, or a 1.5 oz shot of spirits. Any underage individual who consumes alcohol on a boat not only endangers themselves but puts the safety of others at risk.

Operating a boat while intoxicated is illegal and considered as serious as driving a car or land-based vehicle under the influence (DUI). Boat owners, including parents, providing access to minors who might consume alcohol, even a small amount – say one beer, and operate a vessel are taking a significant and preventable risk.

What Is Negligent Entrustment?

Negligent entrustment occurs when an individual (the "entrustor") provides another party (the "entrustee") access to a potentially dangerous object, such as a vehicle or boat, in circumstances where the entrustor knew, or should have known, the entrustee might use it irresponsibly or dangerously.

When applied to boating, negligent entrustment occurs if the boat owner knowingly allows:

A minor to operate the boat without sufficient experience or capability.
Anyone to operate the boat while under the influence.

Negligent entrustment opens the entrustor to legal liability for any resulting accidents, potentially creating devastating legal, financial, or personal repercussions for boat owners.

Filing a Claim for Negligent Entrustment

Under Florida law, negligent entrustment is a civil tort claim. The injured party can sue the entrustor if they can prove the following elements:

Ownership or control over the boat by the entrustor.
Knowledge or reason to believe that the person entrusted posed a risk of harm due to inexperience, intoxication, or irresponsibility.
The entrustor gave permission or allowed access to operate the boat despite these risks.
The entrusted person’s use of the boat caused an accident or injury.

For example, in a recent case, a parent allowed their 18-year-old son to take out the family speedboat with friends for a weekend trip. The parent observed alcohol in the son’s vehicle but said nothing. The son later operated the boat while intoxicated and caused a collision with another vessel, severely injuring multiple people. The parent was held financially and legally accountable for deliberately ignoring red flags.

Boat owners must not knowingly allow, and should take reasonable steps to prohibit, the operation of a boat by any underage individuals who have consumed an alcoholic drink. It is not a valid legal defense for a boat owner to claim that they did not know an underage individual drank alcohol.

Legal Consequences of Negligent Entrustment

Consequences for negligent entrustment vary by state but typically include:

Civil Liability: Compensation for medical expenses, property damage, or pain and suffering to injured parties.
Civil Penalties: Families of victims may file wrongful death lawsuits or personal injury claims.
Criminal Consequences: Depending on the state, allowing a minor to operate your boat could lead to criminal charges, including reckless endangerment.
Insurance Complications: Some insurance policies will not cover liability if the accident occurred due to a criminal act, potentially leaving the boat owner personally accountable.

How Boat Owners and Parents Can Protect Themselves

Avoiding negligent entrustment is not just about legal protection. It is also a moral obligation to ensure safety. Boat owners should monitor what alcohol is brought onto their boat and who is consuming it. If the boat stops at a dock, restaurant, sandbar, raft up, or other location, they should monitor what their underage passengers are doing or, if that is not possible, make sure they are the only person who operates the boat. Ultimately, a boat owner keeping sole control of the boat may be the only way to ensure that a minor does not consume alcohol and drive the boat.

Be vigilant and firm in refusing access to your boat if there are any signs of underage drinking. Set clear rules, ensuring minors understand the serious consequences of drinking while operating a boat.

Boat rental companies should confirm they are renting to legal, safe operators, and always:

Check ID to confirm the operator’s age.
Require proof of previous boating experience or education.
Set strict alcohol use policies in your rental agreement.

For example, a boat rental company (also called a livery) could be sued under negligent entrustment laws for renting a watercraft to a group of college students who were carrying coolers filled with beer if the boat rental company failed to properly instruct them on safe operation and verify their boating license.

Protecting Lives and Liability

Negligent entrustment of a boat can permanently change lives—for the worse. By ensuring responsible use of your vessel and adhering to safety protocols, you can protect your loved ones, passengers, and others on the water.

If you own a boat, it’s critical to establish clear policies and enforce them rigorously. Negligent entrustment is preventable when the right precautions are in place.

Navigating negligent entrustment claims requires a deep understanding of both state and federal maritime laws. Hiring an experienced maritime attorney to explore and address the nuances of liability claims can help ensure justice for those involved and get victims the compensation they deserve. At Mase Seitz Briggs we have experience handling boat-related negligent entrustment claims. If you or a loved one were the victim of an incident involving negligent entrustment, call us today to discuss your options.

What to Do If You’ve Been Injured as an Uber or Lyft Passenger

Rideshare services like Uber and Lyft have revolutionized the way we travel, offering convenience and flexibility for millions of passengers globally. However, accidents can still happen. If you find yourself injured as a rideshare passenger, it is crucial to know your rights and the steps you need to take to protect them.

Immediate Steps to Take After the Accident

Your priority following any accident is your health and safety. However, taking specific steps immediately after the accident can significantly impact your ability to file a claim later.

1. Prioritize Your Safety

Move to a safe location, if possible, away from oncoming traffic or hazards. If you can, move off the roadway to a sidewalk or shoulder. Call 911 and inform the operator of the details of the accident so the proper emergency response can be deployed to the scene.

2. Gather Information

Documentation is vital in any injury claim. Be sure to collect the following details on-site, if you are able to do so safely:

Details from the rideshare driver and other parties involved: Name, contact information, license plate number, and insurance details of any drivers or witnesses.
Accident details: Take photos of the accident scene, vehicle damages, injuries, and anything else that might be relevant, like traffic signs or hazardous road conditions.

3. Obtain an Accident Report

Ask law enforcement to file a formal accident report. This report will serve as an impartial record of the incident, which can be critical in establishing liability and supporting your claim. Be sure to obtain a copy of the report and/or the case/report number.

4. Notify the Rideshare Company

Both Uber and Lyft require drivers to report accidents promptly. However, you should also file your own report through the corresponding app or customer service channels to ensure the incident is logged.

To report an Uber accident: click here. For Lyft: click here.

5. Seek Medical Care

Even if your injuries seem minor, schedule a thorough medical examination. Request detailed records from your healthcare provider to document injuries and treatments. This will serve as critical evidence when seeking compensation.

Filing a Claim for Compensation

An accident can lead to injuries, medical bills, lost wages, and emotional distress. Filing a claim is essential to securing the compensation you deserve.

Steps to File a Claim

Document Everything: From medical bills and treatment plans to missed work and any out-of-pocket expenses, keep a detailed record of everything related to the accident.
File an Insurance Claim: Notify the at-fault party’s insurance company (rideshare driver, other driver, or rideshare company) of your intent to file a claim. Include all relevant evidence to support your case. It is wise to have an attorney help guide you through this process, or handle it for you while you focus on treatment and recovery from your injuries.

Understanding Liability in a Rideshare Accident

One of the complexities of rideshare accidents lies in determining liability. Unlike traditional car accidents, rideshare incidents involve multiple parties, making the process less straightforward.

Who Is Liable for Your Injuries?

Rideshare Company’s Insurance: Uber and Lyft have robust insurance policies that cover passengers in specific scenarios, including up to $1 million in liability coverage for accidents that occur during your ride.
Rideshare Driver's Insurance: If the rideshare driver caused the accident and was giving you a ride not booked through the app, their personal auto insurance would apply.
Other Drivers' Insurance: If another driver caused the accident, their insurance is generally liable.

FAQs About Rideshare Passenger Injuries

1. Can you sue Uber/Lyft if you get in an accident?

You can sue the rideshare company’s insurance provider if you are injured in an accident that is the Uber/Lyft driver’s fault. Normally, however, you cannot sue the company directly. Some exceptions apply--if Uber/Lyft negligently hired the driver, for example.

2. What if the rideshare driver was uninsured or underinsured?

Both Uber and Lyft offer underinsured/uninsured motorist coverage of up to $1 million, which may apply in such scenarios.

3. How long do I have to file a claim?

The statute of limitations for personal injury claims varies by state but is typically between one and two years. In Florida, the statute of limitations is 2 years. Consult an attorney as soon as possible to avoid missing your deadline.

4. Will the rideshare company assist me in the claims process?

Uber and Lyft primarily operate as platforms connecting drivers and passengers, meaning they are unlikely to provide direct assistance with your claim. However, both companies maintain insurance policies that may cover your injuries.

Take Action Today

An injury should not leave you financially vulnerable. Understanding your rights and navigating the claims process with confidence can make all the difference in your recovery—both physically and financially.

The attorneys at Mase Seitz Briggs have handled rideshare accident cases and can help you. If you have been injured as a rideshare passenger, do not wait to act. Contact us today for a free case evaluation, and to explore your legal options and secure the compensation you deserve.

Preventing Waterborne Illnesses: Protecting Public Health and Understanding Legal Remedies

Waterborne illnesses, such as Legionnaires' disease, Cholera, and E. Coli, pose significant health risks to individuals exposed to contaminated water sources. These diseases are caused by bacteria, viruses, and parasites that thrive in inadequately maintained water systems. Legionnaires' disease, in particular, is a severe form of pneumonia caused by the Legionella bacteria, commonly found in warm water environments such as cooling towers, hot tubs, and plumbing systems. Preventing the spread of such illnesses requires diligent water management, regulatory compliance, and proactive safety measures. If a company does not adequately maintain its water supply and a person subsequently contracts a waterborne illness from exposure to the water, it can lead to a significant lawsuit.

Preventing Waterborne Illnesses

1. Regular Maintenance of Water Systems

Proper maintenance of water systems is the most effective way to prevent the growth and spread of harmful bacteria. Building owners, facility managers, hotels and others should develop and implement comprehensive water management plans that include routine inspections, cleaning, and disinfection of water sources. Companies should train their employees to be diligent about water maintenance and require that maintenance is documented in logs that are preserved for at least one year.

2. Monitoring and Controlling Water Temperatures

Many waterborne bacteria thrive in water temperatures similar to that of a human body. For example, Legionella bacteria thrive in water temperatures between 77°F and 113°F. Maintaining hot water at temperatures above 140°F and cold water below 68°F can significantly reduce bacterial growth.

3. Proper Use of Chlorine

Chlorination and other disinfection methods help control bacterial contamination in water systems. Regular testing and monitoring of disinfectant levels are necessary to ensure effective pathogen control without posing risks to human health.

4. Flushing Stagnant Water

Stagnant water in pipes, particularly in buildings or hotels with low occupancy or seasonal use, can become a breeding ground for bacteria. Regularly flushing water systems by running taps and showers helps prevent microbial buildup. Companies should develop policies and procedures mandating flushing of areas with low occupancy at least once every 72 hours.

5. Implementing Regular Tests

Facilities, particularly hospitals, hotels, and others, should conduct routine water sampling to test for waterborne bacteria. However, different kinds of bacteria require different types of testing. For example, E. Coli testing can usually be handled by in-house employees with minimal training. Legionella testing, on the other hand, should be handled by an accredited lab such as PathCon Laboratories, to ensure that the testing is accurate. For best results, testing should be conducted monthly.

Establishing Causation in Waterborne Illness Cases

One of the most challenging aspects of pursuing a legal claim for a waterborne illness can be proving causation. A plaintiff must demonstrate that their illness resulted from exposure to a contaminated water source due to the defendant's negligence. It can be difficult for a plaintiff to prove causation if the plaintiff has either travelled or stayed in different locations in the 14 days prior to contracting the disease.

Key Elements Needed to Prove Causation:

Medical Diagnosis: The plaintiff must have a confirmed diagnosis of the illness, typically through laboratory testing that identifies the pathogen.
Environmental Testing: Water samples from the suspected source should be tested to establish the presence of the harmful bacteria or pathogen. However, even previous testing results are compelling evidence.
Epidemiological Evidence: A cluster of similar cases linked to a common water source can help support the claim.
Failure to Maintain Water Systems: Documentation showing inadequate maintenance, lack of testing, or regulatory violations strengthens a plaintiff’s case.

Legal Remedies for Waterborne Illness Victims

If a Plaintiff can establish causation, the damages for contracting a waterborne illness can be significant. Diseases such as Legionnaires’ disease can result in respiratory failure, sepsis, renal failure, and even death.

Recoverable Damages

Victims of waterborne illnesses may be entitled to compensation for:

Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
Medical Expenses: Costs associated with hospitalization, medication, and ongoing treatment.
Lost Wages: Compensation for time missed from work due to illness and recovery.
Wrongful Death: In fatal cases, surviving family members may seek compensation for funeral expenses, loss of companionship, and financial support.

Preventing waterborne illnesses requires diligent oversight, adherence to public health guidelines, and responsible water management. When outbreaks occur due to negligence, victims have legal avenues to seek compensation for their suffering. Establishing causation in these cases requires thorough investigation, environmental testing, and expert analysis. By implementing proactive prevention measures, businesses and property owners can protect public health and reduce liability risks, ensuring safer water systems for everyone.

The attorneys at Mase Seitz Briggs have dealt with businesses and individuals who have been affected by waterborne illnesses. If you are dealing with a waterborne illness claim, or plan to pursue one, contact us today to understand your options.

A Tourist’s Guide to Miami Boat Accidents

Miami is well known as a travel destination for a variety of reasons. From its high-end shopping malls to the vibrant nightlife that has partygoers out until the wee hours of the morning, there is no shortage of things to do. However, for many that visit Miami, heading out to the iconic South Beach or spending a day out on the crystal-clear waters is at the top of their to-do list.

While most boating activities take place without incident, the reality is that accidents happen while out on the water. From boating collisions to falling overboard, it is crucial to understand how to respond in a time of crisis.

Act Fast After a Boating Accident

Boating accidents are inherently dangerous and can escalate within moments. Keeping calm and being prepared to take quick, informed action can prevent a situation from worsening. Safety on boats begins before an accident even happens. Make sure you always have a life jacket or other personal flotation device on when operating or riding on a boat.

If you are involved in a boating accident, remember the following steps:

1. Ensure Your Safety

The first and most critical step is getting to safety. Whether you are alone or with others when the accident occurs, make sure you prioritize getting yourself out of harm's way.

Assess Surroundings and Stay Afloat: Identify immediate hazards such as strong currents, approaching vessels, or objects in the water. If you get separated from your vessel, look for something safe and buoyant to grab onto.
Get Out of the Water: Many boat accidents occur when two vessels collide or when one vessel allides with a stationary object. If you get thrown out of your boat during a collision or allision, do your best to get to solid ground. If anyone is still on the boat, ask them to put the ladder down so you can climb aboard if it is safe to do so. If you are near land, swim towards the shore to get out of the water.

2. Assist Others if Possible

Once you are safe, assist other passengers that were involved in the accident. If other people are in the water and you are safely aboard a vessel, toss them a life ring or other flotation device. If a life jacket or life ring is unavailable, consider using cushions from the boat. These are often designed to be used as removeable flotation devices. Before you leave dry land, it is good practice to ask your captain where the life ring is located and whether the seat cushions can be used as flotation devices in case of emergency.

If you have the proper training, administer basic first aid or CPR to those in need until professional help arrives. There are laws that protect Good Samaritans in Florida, so assisting others is both encouraged and legally supported. Florida’s Good Samaritan Law (Florida Statute 768.13) allows any person, even medical practitioners, to render care in response to an emergency without risking legal repercussions.

3. Call for Emergency Assistance

Unlike land-based accidents, out on the water, there are different authorities and organizations that provide emergency services in dangerous situations.

The United States Coast Guard (“USCG”) should be contacted following a boating accident. The best way to contact them is by VHF radio on channel 16. If a VHF radio is unavailable, call 911 and let the operator know you were involved in a marine-based accident so your call can be routed appropriately. Channel 16 is a marine radio frequency designated for international distress. You can use this channel in any location around the world. If your boat does not have a VHF radio and a cell phone is unavailable, ask the nearest vessel to contact the USCG.

The USCG patrols the South Florida waters and will contact other necessary authorities to assist in your situation. An authority that the USCG will often contact in an emergency is the Marine Patrol which is a specialized operations unit of the Police Department.

Time is critical, and providing detailed information can make response times faster. Do not be afraid to give authorities details relating to your accident.

4. Document the Accident

Accurate documentation is essential, both for legal and insurance purposes. Once everyone is safe and help is on the way, gather as much information as you can about the accident.

Incident Details: Record the time, location, weather conditions, and description of what led to the accident.
Photos and Videos: Take clear pictures or videos of the damage, the surrounding area, and any vessels and objects involved. If you can, take a picture of the boat insurance and the hull identification number (“HIN”). A HIN is a 12-character identification code assigned to a vessel. It is important for tracking boat registration and insurance. You can almost always locate the HIN on the boat’s upper-right corner of its transom, which is the flat part in the back of the vessel.
Witness Statements: If there are witnesses, ask for their names and contact information. It is important to obtain witnesses’ cell phone numbers, e-mail addresses, and home addresses. Witness accounts are useful during investigations or legal proceedings. Remember that Florida is a two-party consent state. This means that if you want to take video recordings of witnesses, you need to have consent from them prior to starting the recording.

5. Seek Medical Attention

Even if your injuries feel minor, it is critical to seek a professional medical evaluation. Water accidents can cause damage or internal injuries that aren’t always visible. Delayed treatment can lead to worsening conditions and gaps in injury claims.

Inform your medical provider that your injuries occurred during a water-related accident so they can document it appropriately. Be sure to keep records of all medical reports and bills.

6. Report the Accident

Under Florida Statute 327.30, boating accidents involving injury, death, property damage of $2,000+, or a missing person must be reported to the Florida Fish and Wildlife Conservation Commission, the sheriff of the county within which the accident occurred, or the police chief of the municipality within which the accident occurred.

Depending on where the accident occurred you may also need to notify the local police department or the sheriff’s office. If the vessel involved was rented, notify the rental company immediately. They may have additional reporting protocols and requirements to complete.

It is important to report accidents involving injury or property damage in a timely manner. Failing to report accidents involving injury is a third-degree felony. Failing to report accidents solely involving property damage is a second-degree misdemeanor.

7. Contact a Maritime Attorney to Better Understand Your Legal Rights

Navigating the aftermath of a boating accident can be overwhelming. Whether it's dealing with liability issues or potential lawsuits, having a clear understanding of your legal rights is essential.

Many people do not realize that accidents on the water fall under a different set of laws due to maritime jurisdiction. It is crucial that you contact an experienced maritime attorney like the team at Mase Seitz Briggs if you believe you have a legal claim. Determining fault in boating accidents can be complex, involving factors like negligence, equipment failure, or legal violations. If you believe you have claims against the boat operator, or any other party involved in your boating accident, contact us for a free case evaluation.

Drink-Spiking and the Law: What to Do If You Were Roofied

During spring break, many Florida coastal cities come to life with students looking for sunny beach days and vibrant nightlife. But in the blink of an eye, a fun night out can take a turn for the worse. Imagine this: you go out with friends and after just a drink or two you don’t feel like yourself. You feel much more intoxicated than you are; the night starts to get blurry, and then the next thing you remember is waking up at home or in an unfamiliar place with no recollection of how you got there.

While most college students have heard of drug-facilitated sexual assault (more commonly known as “date rape”), in the moment and under the influence, many feel confident that it will never happen to them. Sadly, that false sense of security does not stop drink-spiking or date rape from occurring.

The Worst-Case Scenario

In 2021, two spring breakers drugged and raped a tourist they met while out at a restaurant in Miami Beach. Police later found the 24-year-old woman dead in her hotel room, likely due to complications from the pill she was given. In that case, the perpetrators were charged with sexual battery, among other crimes. If the woman’s death is ultimately linked to the pill she was given, they may face murder or manslaughter charges.

While this is the worst-case scenario, it is important to recognize that less severe outcomes of drink-spiking occur more frequently. Drugs commonly used to spike drinks, often referred to as “roofies,” are powerful sedatives that quickly incapacitate victims, leaving them confused, disoriented, and unable to defend themselves. These drugs make individuals particularly susceptible to sexual assault, as they are mentally and physically impaired, unable to consent, and often have little to no memory of the assault.

Common drugs used to spike drinks include Ketamine, Rohypnol (flunitrazepam), and GHB (gamma-hydroxybutyrate). These substances are fast-acting, colorless, odorless, and tasteless, making them nearly impossible to detect in a drink, especially in dark environments like clubs, bars, and parties. While the outcome may not always be as tragic as death, the trauma of being drugged—whether the effects are mild or severe—can still have lasting emotional, psychological, and physical consequences.

Symptoms of Ingesting a Spiked Drink

Part of what makes being roofied so scary is that it can happen to anyone. While the effects of roofies can vary, generally a sudden and drastic change in behavior or physical state is a major red flag. If you start to feel dizzy, drowsy, confused, or nauseous after just one or two drinks, your drink may have been spiked. A loss of memory is another common and frightening symptom of consuming a spiked drink. Symptoms of being roofied can continue to the next day, including a persistent headache, confusion, fatigue and general weakness. If you experience these signs, or notice them in a friend, seek help right away.

What Should You Do If You Were Roofied?

If you are out at a club, bar, or party and suspect you have consumed a spiked drink, notify someone—a friend, security guard, or police officer—and try to get somewhere safe as soon as possible. To reduce the risk of being roofied, always keep an eye on your drink and never leave it unattended.

While these safety tips are important, preventing drink-spiking is not solely your responsibility. If you suspect that you were roofied, there are both criminal and civil avenues for seeking justice. In addition to criminal charges against the perpetrator(s), you may have a civil claim against the establishment where the incident occurred.

If You Believe You Were Roofied, Here Are the Steps You Should Consider:

Seek Immediate Medical Attention: If you feel disoriented or unwell, it’s crucial to get medical help as soon as possible. Medical professionals can test for drugs in your system and ensure your safety. In the event of a suspected sexual assault, healthcare providers can administer necessary treatment and perform examinations that will gather and preserve evidence that may become crucial in future legal matters.
Report the Incident to the Police: If you believe your drink was spiked, report it to the police. This is important for both your safety and for initiating an investigation.
Document Everything: Keep a record of what happened. If possible, take note of what you drank, where you were, who was with you, and any other relevant details about the night. This information could be important if you pursue a legal claim.
Consult with an Attorney: If you suspect you were roofied and want to explore legal options, a personal injury attorney with experience in premises liability, negligent security, and vicarious liability cases can help. They can assess whether the establishment failed to take reasonable steps to protect your safety and advise you on how to proceed with a claim.

Holding Establishments Accountable

Under Florida law, bars, clubs, and restaurants have a duty of care to maintain a reasonably safe environment for all patrons. This means that establishments must take steps to protect their patrons from potentially dangerous situations. If an establishment knows, or should know, that there is a risk to the safety of its guests—such as a patron spiking drinks—they are legally required to act. This may include removing the dangerous individual or taking other measures to prevent harm.

If you suspect your drink may have been drugged by a bartender or employee of the establishment that sold and served your drink, you may have a civil claim for vicarious liability. In Florida, vicarious liability means that an employer can be held responsible for the actions of its employees if those actions occur within the scope of their employment. If a bartender or employee intentionally spikes a drink, or is negligent in serving alcohol, and their actions lead to harm, the establishment could be held liable.

Be Safe and Vigilant During Spring Break

While spring break should be a time of fun and relaxation, it’s crucial to stay vigilant and protect yourself and your friends from the dangers of drink-spiking. If you suspect you've been roofied, taking immediate action can help ensure your safety and hold the responsible parties accountable.