Dram Shop Liability
Alabama's Civil Damages Act
Alabama's Civil Damages Act (often called the "dram shop law") is primarily found at Alabama Code § 6-5-71, which gives injured people and certain family members a civil claim against an Alabama bar, restaurant, or other alcohol vendor that knowingly serves alcoholic beverages contrary to law to a visibly intoxicated person and that illegal service is a proximate cause of a drunk driving crash, assault, or other alcohol-related injury. In these Alabama dram shop cases, the statute allows recovery of all actual losses, and in appropriate cases exemplary (punitive) damages, but it does not create a general right for the intoxicated drinker to sue the bar for their own self-inflicted injuries. The Alabama Legislature has also made clear that recent amendments were intended to replace older "strict liability" interpretations of dram shop law and were not meant to expand liability to social hosts serving adults over 21.
Additional Civil Damages Act Claims
In addition to dram shop claims under § 6-5-71, Alabama's Civil Damages Act framework also includes: claims by a parent, guardian, or person standing in loco parentis against those who unlawfully furnish liquor to a minor (§ 6-5-70)—a penal claim focused on punishing illegal sales of alcohol to minors rather than compensating the child for later accident-related injuries—and a related civil remedy against people who unlawfully sell or furnish controlled substances to minors when a third party is injured as a result (§ 6-5-72). Together, these Alabama dram shop and Civil Damages Act provisions are designed to hold alcohol and drug providers accountable when illegal sales to minors or visibly intoxicated individuals contribute to devastating, preventable harm in our communities.
Contact an Alabama Dram Shop Attorney
If you or a loved one were hurt in a drunk driving accident or other alcohol or drug related incident in Alabama and you suspect a bar, restaurant, club, liquor store, or other provider violated these laws, you should speak with an Alabama dram shop attorney as soon as possible; contact our office today for a free consultation to discuss your situation and learn whether Alabama's Civil Damages Act and dram shop statutes may apply to your case.
Historically, many alcohol vendors sold liquor by the "dram," a small unit of liquid measure; establishments that did so were called "dram shops," and modern alcohol-liability statutes inherited that name.
Florida Dram Shop Law
Florida Dram Shop Basics
Florida Statute § 768.125 governs liability for those who sell or furnish alcohol. The statute creates only two narrow exceptions: when alcohol is willfully and unlawfully furnished to someone under 21, or when it is knowingly served to a "habitual drunkard."
The "Habitual Drunkard" Hurdle
To establish liability for serving a habitual drunkard, Florida law requires proof that the vendor knew, or should have known, that the customer was a habitual drunkard and continued to serve them anyway. Courts have treated this as a demanding standard: proving a patron's long-standing pattern of intoxication and the establishment's knowledge of that pattern often requires extensive evidence, such as repeated incidents, witness testimony, and documentation over time. This makes Florida dram shop claims difficult and hotly contested, even in severe injury or wrongful-death cases.
One of the Most Restrictive Laws in the Country
Florida's dram shop law, § 768.125, is one of the most restrictive in the country. It is known as a "reverse dram shop" type law because it is designed to shield bars, restaurants, and liquor stores from liability when an adult customer gets drunk and causes a crash, unless the establishment willfully serves a minor or knowingly serves a "habitual drunkard"—a standard that is notoriously hard to prove. Demonstrating that someone is a habitual drunkard and that the bar knew it usually demands timely investigation, detailed evidence of repeated drinking, prior incidents, and the establishment's awareness, making these cases complex and aggressively defended.
Proven Results in Florida Dram Shop Cases
Despite these challenges, Mr. Baskin has successfully overcome Florida's habitual-drunkard standard and has helped secure a multi-million-dollar recovery in a dram shop-type case. If you or a loved one were injured by a drunk driver and you suspect a Florida bar or alcohol vendor contributed to the danger, contact Baskin Legal today—Mr. Baskin is ready to evaluate the facts, preserve critical evidence, and fight to hold every responsible party accountable.
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