Personal Injury Video Law Tip
“You can sue the driver of the vehicle, the person who was drunk and impaired at the time of the accident, you can sue the owner of the vehicle, you can also sue the establishment where the alcohol was served, and if it was at a home you might be able to sue the home owner as well.” – Bill Abel
Additional Information about Who You can Sue for a Drunk Driving DUI Accident in Florida
An at fault driver and the vehicle owner can always be sued regardless of whether the driver is intoxicated at the time of the accident. The real interesting legal question is can the person who serves the alcohol be liable for injuries caused by a drunk driver.
The area of the law that deals with business liability for an intoxicated driver is called dram shop laws. Under Florida law, businesses can be held liable in two instances:
1) if they sell alcohol to a minor and
2) if they serve someone that is known to be habitually addicted to alcohol.
If a business sells alcohol to a minor, that business may be held strictly liable (meaning that it will not matter whether they were aware of the driver’s age when they served him or her the alcohol).
Similarly, a bar or tavern may be held liable if they serve someone known to have a history of alcohol addiction, as it is foreseeable that he or she would create a risk of injury to other drivers and themselves. A homeowner can be found liable if a guest becomes intoxicated and injures someone while driving after the party. This is known as social host liability and it is very similar to the dram shop law as it creates liability for a homeowner that serves alcohol to a minor or an alcoholic.
Finally, if the drunk driver becomes intoxicated while attending an event sponsored by his employer, the business may be liable for injuries arising from the intoxicated employee’s actions.
Personal injury law video number 100006: Who can I sue for a drunk driving DUI accident in Florida?