Can A Bar Be Responsible For A Drunk-Driving Accident?
Should someone drink in a bar, leave the establishment and cause a car accident, the driver is the obvious person responsible for the resulting injuries. But what if the establishment that served the alcohol also played a role?
In Florida, questions involving liquor liability are more complicated than simply asking whether a bar served someone who later drove drunk. State law generally limits when a business that sells or furnishes alcohol can be held responsible for injuries caused by an intoxicated person. A Miami personal injury lawyer can determine whether a potential claim against an alcohol-serving establishment is legally viable under Florida law.
What If the Driver Was Obviously Drunk?
In general, under state law, a person or business that sells or furnishes alcohol to someone of lawful drinking age is not liable for injuries or property damage caused by that person’s intoxication. However, there are exceptions. Establishing what a bar or restaurant knew about a customer’s age or history of alcohol addiction requires evidence. The documentation needs to extend beyond simply showing that the person was intoxicated when they left.
It may seem logical that a bar should be responsible if employees continued serving a customer who appeared severely intoxicated. But visible intoxication alone does not automatically create liability, so these cases can be challenging. The investigation may need to look at who was served, what the establishment knew, what employees observed, and what happened before the customer left.
Additionally, the limits on liability do not eliminate the intoxicated driver’s potential responsibility for causing a crash. If a drunk driver strikes another vehicle, the injured person may have a claim based on the driver’s conduct. Depending on the facts of the case, there may also be other insurance policies or potentially responsible parties that need to be investigated.
When Should You Talk to a Lawyer?
A consultation with a legal professional can be especially useful when there are questions about where the driver was drinking, whether the driver was underage, whether an establishment knowingly served someone with a history of habitual alcohol addiction. Sometimes important evidence exists at the bar or restaurant itself.
Surveillance video, receipts, credit-card records, witness statements, employee testimony and other documentation can all become important pieces of evidence. Recognizing that these forms of documentation can disappear quickly is essential as well. After all, surveillance systems may overwrite recordings, witnesses may become difficult to locate, and businesses may have records that are easier to obtain promptly than months later.
For someone injured in a drunk-driving crash, the question is not simply who served the driver. There are a lot of details to assess in any injury claim. A Miami personal injury lawyer can review the case and determine if there are facts in place that can establish a legally recognized basis for holding another party responsible.
Were you told an alcohol-serving business may become part of your injury claim? Lean on the legal expertise of seasoned professionals. Have a conversation with the skilled lawyers at Spencer Morgan Law. Call 305-423-3800.