Miami Dram Shop Laws - What Should You Know

When a drunk minor gets into a car accident, the law agencies ask who served liquor to the minor. According to Miami-Dade County Motor Vehicle Accident Statistics, around 1533 of Miami's accidents involved drivers aged 15 and 17. One of the leading causes of the high number of casualties in Miami is teenagers driving under alcohol. Here we have discussed Miami Dram Shop Laws in detail.

What Is the Dram Shop Law?

Dram shop law refers to a law that holds businesses serving alcohol for accidents caused by drunk driving. According to the law, selling alcohol to minors is prohibited under Florida Statute 768.125. Anyone or company violating the law can be held responsible for that person's actions in an intoxicated state.

According to Florida Dram Shop laws, the injured person can claim compensation from a third party like the host, the liquor shop owner, or the bartender. If your loved one has been injured by an intoxicated minor, you can file a dram shop claim through an experienced Miami Dram Shop Attorney. 

What Damages Can You Claim Under the Dram Shop Law?

The dram shop law is similar to personal liability law. The only difference is instead of suing the person who caused the damage; the 3rd party is held responsible for the damages caused by alcohol consumption. Here is the list of different types of damages recovery under the law.

- You get complete medical bills compensation that includes but is not limited to hospitalization, medication bills, rehabilitation care bills, surgery, emergency room care, and ambulance fees.
- You can also claim compensation for lost wages due to the accident. This compensation includes all wages and earnings that you could have earned if you had not met with an accident.
- You can also claim compensation for damaged property that may include damage to the housing structure, fences, vehicles, and other things on your property
- You can also seek compensation for pain and suffering. 

Dram shop laws are complicated. An experienced Miami Dram Shop Attorney can ensure you receive adequate compensation for the mental anguish and personal injuries caused by the accident. 

Around 3 types of damages can be claimed under dram shop laws. By hiring a dram shop lawyer, you can claim compensation for medical expenses, lost wages, future medical expenses, and property damage. 

What Is a Social Host No Liability?

The Florida dram shop laws hold the bartender or liquor clerk for selling liquor to the under-aged teen. However, this law does not fully apply to the social host. The dram shop law does not hold the host liable for providing alcohol at private gatherings. The social host cannot be held responsible for the actions of an under-aged drunk teenager. Hence, the host is not liable to pay compensation to the injured person due to the teenager's actions in an inebriated state.

The Florida dram shop laws do have a provision for levying sanctions and penalties for serving alcohol to a minor. 

These are some of the important things you should know about Florida's dram shop laws. Having this knowledge will know what kind of compensation you can claim if you are a victim of drunk driving where a minor is involved. 

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Posted - 09/22/2020