People typically celebrate Labor Day Weekend by going out to restaurants, bars, or barbeques in their friends or family members’ backyards. Such events are usually centered around drinking, which there is no problem with so long as those who partake do not get behind the wheel of their vehicle afterward. But most unfortunately, drunk driving accidents are known to spike significantly on holiday weekends such as this one. So if you have been the victim of such an accident, you must know Florida laws are in place to protect you and promote your right to pursue legal action. With that being said, please continue reading to learn how you can apply dram shop law to your Labor Day drunk driving accident case and how an experienced Panama City car accident attorney at Manuel & Thompson, PA can help build your argument.
How can I apply dram shop law to a Labor Day drunk driving accident case?
First of all, a dram shop is used to describe a restaurant, bar, or any other establishment that sells liquor. In turn, Florida’s dram shop law states, “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.”
However, you must understand that there are exceptions to this law in which you may hold a dram shop liable for the ensuing injuries and damages you incurred due to one of their patron’s intoxication. Specifically, one of their patrons driving under the influence and subsequently colliding with your vehicle.
This exception may apply if you can confirm that the drunk driver was under the legal drinking age of 21 and the dram shop served them anyway. Or, if you can confirm that the drunk driver has a history of alcohol abuse and that the dram shop was aware of it. If either of these circumstances is relevant, you may proceed forward with your accident case against the drunk driver and dram shop alike.
How can I apply social host liability law to my case?
Similar to Florida’s dram shop law, its social host liability law generally protects property owners from being held liable for subsequent injuries or damages caused by or resulting from their serving alcohol at their private events.
But again, there is an exception to this statute which holds that property owners must not hold a social event where “…any alcoholic beverage or drug is possessed or consumed at the residence by any minor…and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.” In other words, you may also place your lawsuit against a property owner if the drunk driver who caused your accident was under the legal drinking age of 21.
At the end of the day, if you have any lingering doubts about the legitimacy of your legal case, a skilled Panama City auto accident attorney can help relieve them. So whenever you are ready to start, please reach out to Manuel & Thompson, PA.
