When someone is intoxicated and causes an injury, victims often ask if “dram shop” rules apply. These rules provide a legal option to pursue the establishment that provided the alcohol, as separate from the actual offender. With some exceptions, Florida law bans dram shop liability. Victims are limited to filing a claim against the drunk assailant or driver, who may not have the insurance or other resources to cover their losses.
However, is there dram shop liability for drunk injuries on Miami cruise ships? With “all-you-can-drink” packages being popular, the potential for assaults and other abusive activity soars. A Miami cruise ship accident lawyer can provide details on the law, but you can also read on for an answer to the question.
Dram Shop Liability on Miami Cruise Ships
Cruise ships operating out of Port Miami generally fall under federal maritime jurisdiction, so the rules differ from those governing a typical Miami bar. For injuries occurring on the high seas, general maritime law imposes a broad “duty of reasonable care” on cruise lines. To succeed in a maritime negligence claim, you must prove the cruise ship staff knew, or should have known, that a passenger was intoxicated yet continued to serve them. Properly trained crew should be tracking the alcohol beverages of passengers, but they should also watch for:
- Slurred speech
- Bloodshot eyes
- Clumsiness or trouble walking
This legal standard often makes it easier for victims to hold a cruise line accountable for over-service compared to the strict limitations found in Florida’s land-based dram shop laws, providing a vital pathway for recovery.
The Role of Forum Selection Clauses
Even if your accident happened in international waters, the legal process will likely unfold in South Florida. Most major cruise lines include “forum selection clauses” in their passenger tickets, which legally mandate that all lawsuits be filed in the U.S. District Court for the Southern District of Florida, located in Miami. Battling cases in this specific court system requires a local understanding of federal maritime procedures, as failing to file in the correct Miami venue can result in immediate case dismissal.
Evidence of Alcohol Over-Service on Miami Cruises
Because cruises departing from South Florida ports are governed by strict timelines, gathering evidence quickly is essential. You must demonstrate that the ship’s failure to monitor alcohol consumption directly led to the dangerous incident and your resulting physical injuries. Important evidence often includes:
- Shipboard surveillance footage
- Eyewitness accounts from other passengers
- Server receipts from the “all-you-can-drink” packages
Speak to a Miami Cruise Ship Accident Attorney About Your Options
You may have rights under dram shop laws if you were hurt by an intoxicated passenger, but success with your claim means retaining experienced legal counsel. With over fifty years of experience, Gerson & Schwartz, PA, provides skilled representation for victims of cruise ship accidents. Our attorneys understand the complexities of filing claims against major cruise lines, so please contact our offices in Miami, Fort Lauderdale, or West Palm Beach. You can go online or call (305) 371-6000 to set up a free consultation.