Florida’s dram shop law, F.S. 768.125, allows victims of drunk drivers to seek redress from the bar, restaurant or other establishment that negligently served alcohol to that driver. The only way service of alcohol can be negligent in Florida is if it involves a minor under 21 or if the recipient was known to be habitually addicted to alcohol.
But it’s worth pointing out that not all plaintiffs in these cases are entirely sympathetic. In fact, there have been successful DUI injury lawsuits in which the drunk driver was the one suing.
This is not to say the driver is not negligent. But comparative fault in a Florida injury case is not enough to prohibit litigation. That means a person could be partially – or even mostly – to blame for their own injuries and still recover a percentage of damages. Continue reading