Unfortunately, some of the worst automobile crashes are caused by drinking drivers.  If you are injured by a drinking driver, there is a possibility that you can recover punitive damages in addition to compensation for your injuries.  However, this is not as big a deal as it might seem.  First of all, in order to receive punitive damages, you almost certainly have to go to trial.  While the threat of punitive damages may cause an insurance company to pay more money for a claim, in the big picture there is one simple fact:  Insurance companies don't pay punitive damages.  The individual has to pay them. 

And, of course, most individuals don't have much money to pay punitive damages.  For most people, the only valuable asset they own is their home.  But in Florida as in most states, a person's home is largely immune from collections.  As a result, the prospect of collecting punitive damages in any case is remote indeed.

In a lot of states, an individual who is injured by a drunk driver may be able to recover damages from the bar or social host that served the liquor.  Not so in Florida, with a couple of exceptions.

In Florida, our number one industry is tourism. The Florida State Legislature has decided that that industry is more important than protecting our citizens from drunk drivers.  The Legislature made a policy decision to protect businesses that depend upon tourism. As a result, Florida's liquor liability law is designed to protect our retail establishments when compared to other states' laws. Florida's liquor liability law or Dram Shop law can be found in Florida Statutes, section 768.125. This statute creates liability for retail establishments that serve alcohol that results in death or injury from intoxication only under very limited circumstances.

Generally, if one willfully sells or furnishes alcohol to a person not of lawful drinking age, that is, 21, or knowingly serves a person habitually addicted to the use of alcohol that person or entity may become liable for injury or damage caused by or resulting from the intoxication of such a minor or person. In other words, if you sell or give alcohol to a person over the age of 21 you are probably not responsible for that person's actions that cause injury even if they are intoxicated! This is much different than Dram Shop Laws in other jurisdictions which often impose liability for serving visibly intoxicated patrons.

However, it is a much different story if the person who is furnished alcohol is a minor. So even if a bar is furnished a fake I.D, and the bar reasonable should have known it was fake then the retail establishment is responsible. The law speaks in terms of furnishing alcohol to minors and that means that a social host is responsible for damages resulting from a minor's intoxication. Parents of minors who decide to have a party where alcohol is served to minors may be responsible for damages caused when a minor who is intoxicated leaves the house and causes injuries or themselves is injured ( not to mention potential criminal charges against the parents).

It is of the utmost importance that potential claims for personal injuries involving alcohol be fully investigated. If a minor is involved than it is quite possible that liability will be imposed by statute. However, if an intoxicated adult leaves an establishment that serves alcohol and causes injury or even death, the liability of the business that served the alcohol will depend on traditional legal theory, such as negligence.

Given the limits of Florida's laws, the Hudson Law Office goes the extra mile in investigating potential claims against drunk drivers and retail establishments serving alcohol. Remember, these establishments may still be negligent even though they did not violate Florida's Dram Shop Statute!