Can I Sue a Bar for Overserving a Driver in Miami?

If you were injured by someone who left a bar drunk and caused a crash, you may be able to file a lawsuit against a bar for overserving alcohol to a driver in Miami.

Bars, nightclubs, and restaurants play an essential role in preventing drunk driving. Still, when an establishment violates its obligations and serves someone it legally should not, the consequences can be devastating.

Florida law allows specific claims against alcohol vendors, like bars, when their conduct contributes to drunk driving injuries. At The Morgan Law Group, our Miami car accident attorney can help injured persons understand when such claims are viable.

What Are Dram Shop Laws?

Dram shop laws are state statutes that create civil liability for businesses that serve alcohol when their conduct contributes to someone’s injury. 

Compared to other states, Florida has a more restrictive Dram Shop Law. Under this statute, bars and other alcohol vendors are not liable simply for serving someone who later becomes intoxicated. 

Instead, the law identifies two specific situations where an injured person may bring a lawsuit for overserving alcohol to a driver:

• When the establishment willfully and unlawfully sells or furnishes alcohol to an individual under 21, or
• When the establishment knowingly serves a person who is habitually addicted to alcohol.

These two exceptions form the backbone of dram shop liability in Miami. Outside of these conditions, injured persons generally can’t hold a bar responsible for a drunk driver’s actions, even if the driver appeared visibly intoxicated when served. Injured persons should consult an injury attorney in Miami to help establish what the bar knew or should have known at the time of service.

Liability for a Drunk Driving Accident in Miami

The core question in every dram shop case is whether the bar violated Florida’s Dram Shop Law. 

Bars may only be liable under circumstances that meet one of the two exceptions below:

Serving a Driver Under 21

Florida strictly prohibits the sale of alcohol to minors. 

• When a bar sells alcohol to someone under 21 who later causes a crash, the bar may be held legally responsible for the resulting injuries. 
• Even if the minor used a fake ID, liability may still apply if the establishment failed to follow reasonable verification steps.

Evidence in these cases can include:

• Surveillance footage
• Witness statements
• Receipts and transaction records
• Social media posts
• Testimony from employees

If the injured victim can show that an unlawful sale took place, the bar or restaurant may be jointly responsible for damages.

Serving a Habitually Addicted Person

Florida’s Dram Shop Law also allows claims when a bar knowingly serves someone who is habitually addicted to alcohol. 

This requires showing:

• A pattern of alcohol addiction
• The bar’s knowledge of that addiction
• Service despite that knowledge

This often arises when a driver is a regular customer known by staff, has a documented history of alcohol issues, or has previously caused disturbances or intoxication-related incidents at the establishment.

Unlike many states, Florida does not impose liability for simply serving an obviously intoxicated person. The statute’s wording reflects a deliberate legislative choice to limit dram shop exposure. 

Still, when the bar’s conduct meets the statutory standard, liability becomes a real possibility.

How to Prove Bar’s Liability in a Drunk Driving Accident?

Building a lawsuit for overserving alcohol to a driver requires strong factual support. This involves gathering reliable evidence of the car accident and establishing a clear link between the bar’s conduct and the crash. 

Police reports, roadside tests, accident reconstructions, and witness observations can help establish the driver’s level of impairment and the timeline of events. Toxicology results also help show intoxication levels and estimate when the driver was served.

Can I Sue Both a Bar and a Drunk Driver After a Crash?

Yes. An injured person may pursue claims against both the drunk driver and the bar when the statutory requirements of Florida’s Dram Shop Law are met. In many cases, it is beneficial to include both defendants, especially when the driver has limited insurance coverage.

Claims Against the Drunk Driver

Drunk drivers are always responsible for their own conduct. 

Claims against the driver often involve:

• Medical bills
• Lost income
• Pain and suffering
• Vehicle damage
• Permanent disability
• Wrongful death damages

Claims Against the Bar

If the bar unlawfully served a minor or knowingly served a habitual alcoholic, it may share liability for contributing to the incident. In these cases, the bar’s insurance coverage may help provide additional compensation that would otherwise be unavailable if the claim were against the driver alone.

Pursuing all available sources of compensation is critical, particularly when the injuries are severe following a drunk driving crash. 

Filing claims against a bar and a drunk driver may:

• Increase the total recovery
• Provide access to multiple insurance policies
• Offer more stability if the driver is uninsured or underinsured

As the injured party, you can hold each party responsible for its share of wrongdoing, consistent with Florida’s negligence and dram shop standards.

Call Our Miami Attorney to Assess Your Drunk Driving Claim

When a bar’s unlawful service resulted in a devastating drunk driving injury, filing a lawsuit for overserving alcohol to a driver may be an option. Florida’s Dram Shop Law creates a narrow yet powerful basis for holding establishments accountable, and individuals injured in these crashes deserve a clear understanding of their rights.

If you were harmed by a drunk driver who was overserved in Miami, The Morgan Law Group stands ready to help you explore every available avenue for recovery. Our injury attorneys in Miami protect injured persons and identify all potential sources of compensation, including bars, restaurants, and negligent drivers, and guide them through each step of the legal process to secure the accountability they deserve.

Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your injury because of a drunk driver overserved by a bar at our office in Miami.