Roman Austin Personal Injury Lawyers | February 17, 2025 | Florida Law
To legally consume alcohol in the United States, you must be at least 21 years old. Anyone younger than 21 is considered a minor under alcohol laws, even if they are a legal adult (at least 18) for other purposes, such as voting. Various parties can face civil and criminal liability for serving alcohol to a minor.
The Minor
In Florida, minors caught attempting to buy or possess alcohol can face significant legal penalties, which may include:
- Up to 60 days in jail, six months of probation, and a $500 fine for simply possessing alcohol
- A driver’s license suspension for up to a year, even for a first-time offense
If a minor tries to purchase alcohol using a fake ID, the consequences will be even harsher.
While Florida law can be more lenient with juveniles (under 18), the outcome often depends on the specific case and the discretion of the judge involved.
A Bar, Nightclub, Restaurant, or Liquor Store That Sells Alcohol to a Minor Before a DUI Accident
Florida, like other states, suffered from a particular problem for many years. Intoxicated drivers could not afford to pay personal injury compensation to the people they harmed, and in many cases, such drivers were uninsured.
Florida’s dram shop law changed that situation when it went into effect in 1980, even though it is one of the least restrictive dram shop laws in the nation. Now, a business that “willfully and unlawfully” provides alcohol to a person under 21 can face civil liability for any accident the minor causes due to their intoxication. This law gives the victim of a DUI accident a second defendant from whom to seek compensation for their injuries.
Bartenders and Liquor Store Employees
The victim of a DUI accident can also sue bartenders, liquor store employees, and other employees who sell alcohol to customers when they know or should have known they were minors if their oversight caused the minor to cause an alcohol-related accident. Insurance normally covers such claims. If insurance is insufficient, however, it’s typically better to use the dram shop law to seek liability against the establishment that sold the alcohol, not the individual who served it.
A Social Host
Suppose someone throws a party that offers alcoholic beverages to minors. The host does nothing to stop minors from drinking alcohol or becoming intoxicated. Later that night, one of the minors, intoxicated from the party, causes an accident that injures someone.
The injured party can seek compensation, and the prosecutor can charge the social host and the minor with a crime. Because of a disparity in the respective burdens of proof, the defendant can win an acquittal in criminal court and still lose a lawsuit over the same accident.
Parents
Parents of minors (under 18) bear vicarious civil liability for the wrongful acts of their children, including driving while intoxicated. There is no need to find the parent liable for, say, negligent entrustment of an automobile. Liability is automatic as long as the parent signs the minor’s driver’s license application. If the parent refuses to sign, the minor must wait until they are 18 to obtain a driver’s license.
Seek the Advice of a Florida Personal Injury Attorney
Liability for a Florida car accident caused by a minor requires a nuanced understanding of applicable law. If you have suffered an injury caused by an intoxicated minor, you might need the assistance of a Florida personal injury attorney.
Contact the Tampa Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Tampa. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
