Dram Shop actions are cases where an individual, under certain circumstances enumerated in Florida Statute 768.125, may pursue a claim against a person who 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 (i.e., an alcoholic) for injury or damage caused by or resulting from the intoxication of such minor or person.
These cases require immediate attention and skilled hands to navigate and pursue. In 2013, Martin Hernandez pursued a claim against a bar for knowingly serving a known alcoholic to the point his blood alcohol level was a 0.35% (the legal limit in Florida is a 0.08%) and allowing him to drive away in an inebriated state of mind. We pursued a claim against the bar and collected $1,000,000 for our client.