In a recent incident on a Florida interstate, a drunk driver caused a head-on collision with another vehicle, leading to an occupant of that vehicle sustaining catastrophic injuries. Our investigation revealed that the drunk driver was an alcoholic and had been served by a local bar that knew him well.
As a result of these findings, Firm Partner Dax Bello reached a confidential settlement with the establishment in what is known as a dram shop, or liquor liability, case on behalf of the victim. This crucial win provides vital compensation for our client’s injuries and ensures she gets essential medical care.
At Stewart Tilghman Fox Bianchi & Cain, P.A., we remain committed to fighting for justice for those affected by drunk driving and other alcohol-related incidents. We know there are few cases as challenging—and as critical—as dram shop and liquor liability cases. These matters, which hold alcohol-serving establishments accountable when intoxication leads to harm, require thorough investigations and a nuanced understanding of the law and the intricacies of alcohol service. STFBC prides itself on our proven track record in handling dram shop cases across Florida, securing justice for our clients, and holding responsible parties accountable.
What Are Dram Shop Cases?
Florida law affords general protections to establishments from any liability arising from the sale or service of alcohol. The state’s dram shop law, which is codified at section 768.125, offers only two narrow exceptions to the blanket immunity:
- The service of alcohol to underage patrons
- The service of alcohol to individuals who are known to the establishment to be addicted to the use of alcohol
When these individuals cause harm—whether through drunk driving, assault, or other reckless behavior—the immunity those establishments enjoy may be set aside. The burden of establishing the applicability of those exceptions is high, and the evidence necessary to do so is often difficult to find, making these cases particularly challenging.
Understanding Social Host Liability in Florida
In Florida, liquor liability laws do not only apply to bars, restaurants, and other establishments that sell alcohol; those who serve alcohol at their home or other private residences could be held liable for injuries arising from an intoxicated individual’s conduct under highly specific circumstances. Namely, if a homeowner or “social host” knowingly serves alcohol to someone who is under the legal drinking age of 21, and the underaged person goes on to cause an accident or otherwise harm another individual as a result of being intoxicated, the host may be liable. Unlike in dram shop cases, however, a social host cannot be held liable for knowingly serving alcohol to someone who is addicted to the use of alcohol when they are 21 or older.
Uncovering the Truth: Investigating Liquor Liability Claims
Handling these cases requires more than just knowledge of the law. It requires a thorough investigation into the circumstances leading up to the incident, a keen understanding of industry standards, and the ability to build a compelling case that demonstrates negligence on the part of the establishment.
Our first step in any dram shop case is to conduct a meticulous investigation. Often, these cases will result in criminal prosecution. Our relationship with law enforcement at every level allows for a seamless and early exchange of critical information. In some cases, constitutional protections afforded to the prosecuted individual, along with limited resources and time, may complicate law enforcement’s collection of helpful evidence. As a result, STFBC must perform its own thorough investigation, interviewing witnesses and working to obtain video surveillance and receipts. Because of our low caseload and significant resources, we can frequently obtain material evidence early on, which often proves necessary in overcoming a jury’s tendency to blame the drunk individual rather than the establishment.
Our Notable Success Stories
Our firm has handled numerous dram shop cases with remarkable outcomes:
- $11,000,000 recovered for a brain-injured victim
- $2,000,000 recovered after a head-on collision caused by a drunk driver
- $2,250,000 recovered in a wrongful death case involving a pedestrian
- $1,100,000 recovered for a passenger who suffered a brain injury when struck by a drunk driver
- $2,000,000 recovered for a driver who suffered a brain injury after being struck by an underage drunk driver
These successes reflect our dedication to seeking justice and ensuring our clients get the medical care and support they need. We bring extensive experience, a deep understanding of Florida’s dram shop laws, and a proven track record of success to every case we handle. If you or a loved one has been harmed due to the negligence of an alcohol-serving establishment, contact us today.