GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

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  • Understanding Florida’s Dram Shop Liability Laws

    Dram shop liability laws exist in nearly every state, and are an important part of many DUI accident claims. In this blog, our West Palm Beach auto accident attorneys take a look at Florida’s dram shop liability laws, which differ from those in many other states.

    Injured in a car crash? Don’t hesitate to pursue the fair compensation you deserve. Call the Law Offices of Craig Goldenfarb, P.A. today.

    What is Dram Shop Liability?

    The legal term “dram shop” refers to an establishment that sells alcoholic beverages, including a bar, restaurant or liquor store. If you are injured in an accident caused by an intoxicated driver, dram shop liability laws may give you the ability to hold this establishment partially accountable for the person’s intoxicated condition. Social host liability is similar, but applies mainly to homeowners and party hosts, rather than licensed businesses.

    How Do Florida’s Laws Differ From Other States?

    In Florida, dram shop liability only applies if the person being served is under 21, or is known to be “habitually addicted” to alcohol. By contrast, many other states extend this liability to those establishments that serve visibly intoxicated people. For a dram shop to be held liable, they must “willfully and unlawfully” provide alcohol to the minor, or must be aware of the person’s drinking problem if they are of lawful age. Some examples of this behavior include:

    • Failing to ask for a minor’s ID
    • Serving a minor with an ID that is easily recognized as fake
    • Serving a person who gets drunk at the same bar 4-5 times per week

    The language in Florida’s statutes also addresses social hosts, although not directly. The law applies to a person who “willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age” or is habitually addicted. This means that those who serve alcohol to minors at a party can be held liable for any injuries the minors suffer as a result of their intoxication.

    At the Law Offices of Craig Goldenfarb, P.A., our West Palm Beach car accident attorney can help you seek fair compensation from all liable parties. Contact us today for a free evaluation of your case.

  • Drugged Driving: It’s Not What You Think

    In May 2010, 51-year-old Odette Kane and her father, Robert Kane, went out to pick up a family dinner. They never returned. On their way home, they were involved in a Boca Raton car crash.

    Twenty-six-year-old Angela Stracar was high on oxycodone, alprazolam, alcohol, and THC. She drove her SUV off the road and through the “Boca Isles South” sign. The vehicle went airborne and landed on top of the Kanes’ car. The father and daughter died at the scene.

    Drug-impaired driving in Palm Beach County is on the rise, but drugged drivers are not only abusing street drugs such as marijuana and cocaine anymore. Instead, police and injury lawyers in West Palm Beach are seeing an increase in drug-related crashes involving prescription drugs, especially the drugs alprazolam (Xanax) and oxycodone.

    In 2010, there were 64 drug-related crashes in Palm Beach County-18 percent more than in 2009. In Florida, there were a total of 1,236 drug-related accidents in 2010. This pattern is unique to Florida. National Highway Traffic Safety Administration (NHTSA) data shows that marijuana and cocaine are still the leading drugs involved in fatal wrecks throughout the United States.

    The drugs that are most commonly involved in deadly Florida car crashes are the anti-anxiety drug Xanax, followed by the pain medication oxycodone. These drugs are often combined with alcohol and other drugs. Many times, a painkiller, a tranquilizer or sedative, and a muscle relaxer are combined and taken with alcohol. The combination can cause the driver to become dramatically drowsy and lethargic; the combination affects both reaction time and judgment.

    Stracar has been charged with vehicular manslaughter and DUI homicide, but the charges don’t ease the pain of Mrs. Kane, who still is mourning the loss of her daughter and husband.

    If you have lost a loved one to a Florida drugged driving accident, you deserve compensation for your loss. An injury lawyer in West Palm Beach can help you get justice.

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