Miami, FL asked in DUI / DWI for Florida

Q: My uncle and I went to bar and got drunk. Bartender kept giving us beer. Can we sue for crashing while driving home?

Related Topics:
2 Lawyer Answers
Jason M. Melton
Jason M. Melton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • Spring Hill, FL
  • Licensed in Florida

A: Your question is basically a question about what are called DRAM SHOP actions. In Florida, a bar could be sued, even by the person who may have been at fault for the accident, for the resultant damages caused by their lack of sobriety if it was caused:

1) by some kind of negligence in allowing the person to drink there in the first place - i.e. the person was 16 years old and nobody ever asked the individual for identification; or

2) serving what is called an "habitual drunkard" - generally these are of course the more difficult of the two types of cases - here, a plaintiff would need to prove either a) the individual a known medical condition which made it negligent to serve them or b) that they had so regularly visited this bar and exhibited no ability to control their drinking, thus "habitual" and the bar was on notice about their behavior.

Obviously, the most common case involving this type of action is where the 15 year old is never carded and causes a serious accident in which inadequate auto insurance is not capable of compensating seriously injured persons. Then the inured persons look into the potential negligence of the bar for providing the alcohol in the first place - typically a commercial policy might be applicable in this case.

Robert Jason De Groot
Robert Jason De Groot
  • Criminal Law Lawyer
  • Deltona, FL
  • Licensed in Florida

A: Sure, if you fall into the parameters set out by the other Jason.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.