Dram shop liability laws in Tampa help protect victims when bars, restaurants, or other alcohol-serving establishments overserve a customer who later causes a drunk driving accident. Under Florida's Dram Shop law, businesses can be held legally responsible if they knowingly provide alcohol to someone who is under the legal drinking age or to a person who is habitually addicted to the use of any or all alcoholic beverages. Understanding how Tampa dram shop liability works is essential for knowing your rights and determining whether you may be entitled to compensation for your injuries, medical bills, lost wages and more, after a drunk driving accident.
For purposes of public policy and safety, 43 states and the District of Columbia have enacted dram shop laws. Florida is one of those states. Its dram shop law is found at Florida Statute 768.125. As per the statute, a person injured by a drunk driver or the personal representative of an individual who was killed by a drunk driver, with the help of a car crash attorney, is allowed to seek compensation for damages from a liquor store, bar, restaurant, bartender or even a social host who gifted alcoholic beverages to a driver who caused an alcohol-related crash. Someone who has valid dram shop liability in Tampa could potentially owe you monetary compensation.
What distinguishes Florida from other states with dram shop laws is the fact that nearly all of the other states’ statutes contemplate the sale or gift of alcoholic beverages to people who are already intoxicated. However, the state dram shop law limits liability to the sale or gift of alcoholic beverages to “habitually affected” drinkers and individuals under 21 years of age.
What Does "Dram" mean? Why is it called "Dram Shop"?
In Scotland, the word “dram” was commonly used to describe a serving of whiskey. Although there is an official measurement for a dram, it’s a tiny amount, and not enough to even begin warming a person’s gut on a cold and wet night. Now, a more conventional use of the word “dram” describes something more than a shot of whiskey. It’s more like a mouthful. A dram shop was a place where a person could purchase one or more mouthfuls of spirits to help rid their body of cold and dampness.
When Can a Bar Be Held Liable for a Car Accident?
According to the National Highway Traffic Safety Administration, about 34 people in the United States die in drunk-driving crashes every day — that's one person every 42 minutes. In 2023, 12,429 people died in alcohol-impaired driving traffic deaths. These deaths were all preventable.
In Florida, to have a viable case for suing a bar for a drunk driver in Florida, you need evidence that one of the two exceptions under the dram shop law applies.
For example:
- If the driver who hit you in Tampa was under 21 and the bar served them alcohol without verifying their ID, that’s a clear violation.
- If the driver was a known regular at the bar, had a history of visible intoxication, and employees continued to serve them despite knowing their addiction issues, you might have grounds for a claim.
In both cases, you must show that the bar’s actions directly contributed to the accident and your injuries. This is where careful investigation and our exceptional legal representation become crucial.
Damages
The good news about the dram shop law is that unlike some other states, there are no damages caps on dram shop liability in Tampa. A victim’s damages can include the following:
- Past and future medical bills
- Past and future lost earnings.
- Any permanent disfigurement or disability.
- Pain and suffering.
- Diminished quality of life.
- Other substantial damages in the event of a wrongful death.
Given the fact that injuries and damages to third parties can be far more severe and costly in drunk driving crashes, Florida’s dram shop statute might operate to the benefit of innocent victims of accidents who were severely or catastrophically injured by drunk and uninsured drivers. If you believe that you were injured or lost a loved one as the result of the negligence of a drunk driver, all sources of possible compensation must be investigated. Aside from the driver of the vehicle who caused the accident, you might be able to have a third party held liable too.
Speak With a Tampa Dram Shop Liability Lawyer Today
Were you injured or did you lose a loved one because a bar, restaurant, or establishment overserved alcohol to a customer? The experienced Tampa dram shop liability lawyers at Hancock Injury Attorneys can help you understand your legal options and will fight for the compensation you deserve. Our team has a strong track record handling dram shop claims and guiding clients through Florida’s complex alcohol liability laws.
Call our Tampa office today at 813-915-1110 for a free case evaluation. A Tampa dram shop liability attorney will answer your questions, explain your legal rights, and help you pursue the maximum compensation available for medical expenses, lost wages, pain and suffering, and other damages.