Applebee's Could Be Held Responsible for DUI Manslaughter Resulting In The Death Of A Patron
Can a bar in Polk County or elsewhere in Florida be held responsible for contributing to the DUI Manslaughter death caused by one of its patrons? A family is suing Applebee's after two patrons who had been drinking, raced away from the restaurant in their Volvo at nearly 100 miles per hour and rear-ended another vehicle killing the other driver. The patrons fled the scene.
The state convinced one of the drunk drivers to testify against the other driver who was charged with DUI manslaughter with failure to render aid, vehicular manslaughter with failure to render aid, leaving the scene of an accident with death and aggravated fleeing and eluding police. However, both patrons claimed the other was driving so the jury acquitted the defendant in the criminal case.
Following the acquittal, the family of the victim proceeded to sue Applebee's restaurant, claiming the restaurant was responsible for the victim's death because the patrons were served even though they were obviously intoxicated. The family also claims restaurant staff watched the patrons continue drinking as they drove away. The waitress who served the patrons did call the police when they left the restaurant.
Under Florida's "dram shop laws," a business is not responsible for the injuries caused by its intoxicated patrons. There are two exceptions: (1) the individual who was served alcohol is under 21 or (2) the person served is habitually addicted to the use of any and all alcoholic beverages.
The Applebee's case does not fit either exception. However, the victim's family, who was frustrated that neither patron was convicted of DUI manslaughter, has argued that Applebee's should face civil liability because they continued to serve the patrons who were already obviously intoxicated. Legal experts have speculated that the victim's family faces an uphill battle because a Florida court would have to make new law to hold Applebee's responsible for the tragedy. "When it comes down to it, we can't physically stop somebody from getting in the car. If that's the choice they're gonna make, that's their choice," said a Florida restaurant manager.
