Month: <span>May 2017</span>

Despite the horrific statistics on alcohol-related car accidents, some people in Florida continue to drive drunk. When they do and are involved in a crash, the penalties are severe and the civil liability that may result can also be devastating. Many people are unaware of laws that pertain to bars, restaurants, liquor stores, and other businesses or even private hosts who serve alcohol. These laws vary state-by-state.

Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the bar) as a result of alcohol-related car crashes and other accidents.

Florida is unlike most dram shop laws in the sense that it almost completely restricts the liability of establishments selling and serving alcohol. This makes Florida’s dram shop law very limited in scope and application. Florida Statute 768.125 states: Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Last year a Florida man sued Kahuna’s Bar and Grill in St. Petersburg, Florida after drinking at the establishment and then crashing his car. The press reported:

The suit claims that Campbell was a longtime patron of Kahuna’s. On several occasions, when it was clear he had too much to drink, bartenders and staff nevertheless continued serving Campbell, even taking shots of liquor with him. Due to his drunken state, Campbell had previously passed out, fallen face first to the ground, spilled beer on tables, and even vomited on the patio.

The status of this case is unknown.

Florida Accident Attorneys

The Law Firm of Lazarus and Lazarus works with victims of car accidents, and often there is alcohol involved. Whatever the circumstances, we will work to get the facts and protect the rights of our clients as we have done for over 20 years. We urge all Florida drivers to not drink and drive, to refrain from and cell phone use while driving, and to obey all traffic laws.

If you have been involved in a Florida car accident, please reach out to us by calling 954-356-0006 and asking for a free consultation. We will be happy to meet you at your convenience.

You’re a nice person, I can tell. And you’re polite. When you bump into someone in the store because you’re looking at your phone (you don’t do that in the car) you say “Sorry, my fault.” I do that too!

But. It’s not a good idea to do that after an accident. Even if it was your fault. We have discussed what to do immediately after an accident but we didn’t cover this and it recently came up in another case.

When you have an accident you first priority is safety and medical attention, if necessary. Don’t admit fault because that may come back at you later. Plus, you may think it’s your fault, but it’s really not. Often things are not as they first seem to be, which is why we investigate accidents.

Here’s a checklist of things to do and not do right after an accident:

1. If anyone is injured call 911 immediately. And help as much as you can.
2. If it’s a minor accident and you are going to work it with the other driver make sure you get all the information: insurance card, tag number, and take pictures.
3. If you believe the police should be called, call them.
4. If you are not injured get the names of witnesses who may have seen the accident. Once again, try to take pictures if you are able.
5. Note the condition of the other driver and try to write down notes about everything you observe.
6. If the police respond, cooperate but don’t offer information or make small-talk. Answer questions.
7. Call your insurance company.
8. Sometimes insurance adjusters will respond to the scene. Same as above, just answer questions and don’t offer your opinion or any chit-chat. Just because it’s your insurance company doesn’t mean they are anxious to pay you a lot of money.
9. Don’t give a recorded statement to your insurance company. Tell them that can wait until later.
10. Do not sign a general medical release. That’s another thing that can wait until later.
11. Once you are finished with all on-scene responsibilities, call an experienced accident attorney. There will get guidance on what to do next.
12. Finally, don’t post anything on social media! If there is any dispute or legal action, that has proved to be very bad in many other cases. It’s best to remain silent and speak only with your attorney.

Florida Accident Attorney

The attorneys at Lazarus and Lazarus have been helping victims of car accidents for over 20 years, so we are well aware of the pitfalls of not keeping on course with the above list. We want the truth to come out and for our clients to get the best representation possible to receive the maximum help for their damages and injuries.

We invite you to examine our record, our qualifications, and our reviews online. Then we hope you call us if you are involved in any accident. Call us at 954-356-0006.