Florida Dram Shop Law: When Can You Sue a Bar or Nightclub?

Many people search "dram shop law Florida" after a drunk driver leaves a bar and causes a crash, or after an intoxicated customer hurts someone. Florida's dram shop law is narrower than in many states: a bar, club or restaurant is generally not liable just because it served alcohol to an adult who later hurt someone.

There are two important exceptions, and they can matter a great deal in serious cases. Drunk driving crashes and alcohol-fueled attacks can cause brain injuries, broken bones and death. This guide explains, in plain language, what the law says, when a bar may be responsible for the alcohol it served, and what evidence matters. This article is general information, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Dram shop law Florida: what section 768.125 says

"Dram shop" is an old term for a place that sells alcohol by the drink. The dram shop law Florida follows is section 768.125, Florida Statutes. It has been on the books since 1980, and it starts with a general rule that protects people who sell or serve alcohol:

• The general ruleA person who sells or furnishes alcoholic beverages to someone of lawful drinking age is generally not liable for injury or damage caused by that person's intoxication.
• Exception 1: serving a minorA seller may be liable if it willfully and unlawfully sold or furnished alcohol to a person under the lawful drinking age (21 in Florida), and the minor's intoxication caused the injury.
• Exception 2: a known habitual drunkardA seller may be liable if it knowingly served a person who is habitually addicted to alcohol, and that person's intoxication caused the injury.

In other words, "they kept serving him until he was drunk" is generally not enough on its own in Florida. The claim usually has to fit one of the two exceptions. That is a big difference from states where a bar can be liable simply for serving a visibly intoxicated customer.

Can you sue a bar for overserving in Florida?

Under the dram shop law Florida follows, generally only if one of the two exceptions applies. Overserving an adult, by itself, usually is not enough. This surprises many people, especially those who moved here from states with broader dram shop laws.

That does not always end the case. A bar that overserved someone may still be responsible in other ways, for example if its security let a drunk, aggressive customer attack someone, or if a spilled drink caused a fall. Those are different claims with different rules, explained in our guides on negligent security lawsuits and restaurant slip and fall claims.

Serving someone under 21

The minor exception uses the words "willfully and unlawfully." The Florida Supreme Court has tied it to the state law that makes it illegal to sell or serve alcohol to anyone under 21. A business that serves a minor may be liable for injuries caused by the minor's intoxication, such as a crash on the way home.

Evidence that often matters:

• Whether staff checked ID at the door and at the bar.
• Whether the bar accepted an ID that was obviously fake or belonged to someone else.
• Whether staff knew, or were told, that the customer was underage.
• Receipts, tabs and card charges showing who bought the drinks.
• Video from the entrance and the bar.

Whether a sale was "willful and unlawful" depends on the facts, so this is an area where a lawyer's review matters.

Knowingly serving a habitual drunkard

In Ellis v. N.G.N. of Tampa (1991), the Florida Supreme Court held that the second exception requires the seller to know the person is habitually addicted to alcohol. That knowledge can be shown with circumstantial evidence, such as the bar serving the same customer large amounts of alcohol on many occasions. Serving a lot of drinks on a single night, by itself, generally is not enough.

Useful evidence can include the customer's history at that bar (regular tabs, staff who knew him or her by name), point-of-sale records over weeks or months, statements from bartenders and other regulars, and anything showing the bar knew about a drinking problem. Courts have treated some situations differently depending on the type of sale, so a lawyer should look at the details.

Hit by a drunk driver who left a bar: who pays?

If a driver leaves a bar drunk and causes a crash, the driver is the first person responsible. The usual sources of payment are the same as in any Florida car crash:

• The driver's insuranceA claim against the at-fault driver's bodily injury liability coverage, if the driver has it.
• Your own policyYour Personal Injury Protection (PIP) benefits, and uninsured/underinsured motorist (UM) coverage if you or a household member carry it.
• The bar, in limited casesOnly if a dram shop exception applies, for example the bar unlawfully served the driver while the driver was under 21, or knowingly served a driver it knew was habitually addicted to alcohol.

A bar that "just" served an adult driver too many drinks is generally protected under the dram shop law Florida applies. Because these cases turn on details, have a lawyer look at the facts. You can also read our guide what to do after a car accident in Florida.

Evidence in a dram shop case

Dram shop cases are won or lost on evidence, and much of it is in the bar's hands. It can disappear quickly:

1. Receipts and tabs. Point-of-sale data shows what was ordered, when, and who paid.
2. Video. Cameras at the door and the bar can show ID checks and how much someone drank. Many systems record over footage after a short time.
3. ID scanner logs. Some venues scan IDs at the door.
4. Staff schedules and statements. Who was working, and what they saw.
5. The police report and crash investigation. These may include where the driver had been drinking and test results.
6. Witnesses and social media. Friends, other customers and posts from that night.

A lawyer can send a preservation letter asking the bar to keep this evidence.

What if you were drinking too?

If you were hurt while you had been drinking, your own intoxication can matter a lot in Florida:

• Comparative fault. Under section 768.81, Florida Statutes, if you are found more than 50% at fault for your own injuries, you generally cannot recover damages. If you are 50% or less at fault, your recovery is generally reduced by your share.
• The alcohol defense. Section 768.36, Florida Statutes, says a plaintiff generally cannot recover any damages if, at the time of the injury, the plaintiff was under the influence of alcohol to the extent that normal faculties were impaired (or had a blood or breath alcohol level of 0.08 or higher), and, as a result, was more than 50% at fault for his or her own harm.
• Your own intoxication and the dram shop law Florida applies. Florida's dram shop exceptions are mainly about harm caused by the person who was unlawfully or knowingly served. Whether an intoxicated person can bring a claim for his or her own injuries is a technical question; speak with a lawyer.

These rules are fact-specific. Do not assume you have no case because you had a few drinks, and do not assume the bar is automatically responsible.

What to do after an injury caused by a drunk driver or patron

1. Get medical help and call 911. Head and internal injuries can show up later. Get checked even if you feel fine.
2. Ask for a police report. Tell officers if you believe the other person had been drinking and where.
3. Write down the bar's name. If you know where the driver or patron was drinking, note it, along with the time.
4. Photograph everything. The vehicles or scene, your injuries and anything else that shows what happened.
5. Get witness contacts. Anyone who saw the crash or saw the person drinking.
6. Be careful with insurers. Stick to the facts and think twice before giving a recorded statement to the other side's insurer.
7. Speak with a lawyer quickly. A lawyer can send preservation letters for video and sales records before they are lost.

How long do you have to file a dram shop claim?

For most negligence claims from injuries after March 24, 2023, the time to file a lawsuit in Florida is generally two years from the date of the injury, under section 95.11, Florida Statutes. Some claims have different rules, such as wrongful death claims and claims against government agencies, which also require advance notice. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If you lost a loved one, see our wrongful death page.

Tomas Robirosa helps people hurt by drunk drivers, in negligent security incidents and in falls across Miami-Dade, Broward and Palm Beach, and throughout Florida. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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