Drunk Drivers

According to the National Highway Transportation Safety Administration, drunk drivers injured more than 250,000 individuals during 2005. Although the law can never replace a loved one, it does provide a means of recovery for victims. Victims can sue the drunk driver under the general laws of negligence, but it may be difficult to collect from a drunk driver if they are uninsured or underinsured and/or have few assets to support a lawsuit.

Injury or death caused by a drunk driver is perhaps the most upsetting, anger-provoking of all kinds of personal injury cases. The thought of an innocent victim suffering serious or fatal injury at the hands of an irresponsible individual can evoke outrage among members of the community.

Even if it is difficult or impossible to pursue recovery against the drunk driver, there may be a way to pursue recovery against the person or establishment who provided the alcoholic beverage to the drunk driver. People who serve alcoholic beverages may be liable under Florida law for damages resulting from the consumption of alcoholic beverages. Fla. Stat. § 768.125. Liability may be imposed either under specific state laws (“dram shop acts”) or under the general law of negligence. Dram shop acts (“dram” was once a common term for “liquor”) are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are intoxicated.

Florida requires that the bar, liquor store, or restaurant have notice that the person is a habitual alcohol abuser in order to impose liability. Fla. Stat. § 562.50. This rule is different, however, if the intoxicated person is under the drinking age. A liquor store, bar or restaurant may be liable for any damages caused by a person’s drinking if it sold alcohol to a person under the age of 21. Fla. Stat. § 562.11.

Liability can attach to “social hosts” as well. A social host is somebody who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company picnic. The social host is not required to make sure that no one is consuming more alcohol than they can handle unless the host can reasonably be aware of a problem and prevent it. However, under Florida law, the social host cannot be held liable. Dowell v. Gracewood Fruit Co., 559 So.2d 217 (Fla. 1990).