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Q) “Can I be sued if some drunk leaves my house after a party, and kills someone in a DUI accident ?” A) Ft. Lauderdale wrongful death attorney and criminal lawyer John M. Castellano: “Yes, but only if … “

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I’m writing this answer from the experiential perspective of a  Ft. Lauderdale personal injury attorney:

“Yes, you WILL be sued, no doubt, if the deceased individual’s family hires a Florida wrongful death lawyer and they have any evidence to support the fact that YOU served alcohol in your home to the DUI driver.” — Ft. Lauderdale criminal defense lawyer John Castellano

“To be more precise and complete in this analysis, however, let me add a couple of conditions to this scenario for victory in court: The family suing you will have a good case against you only *IF the DUI driver actually ’caused the accident that resulted in the death of their loved one, AND further — and they MUST satisfy THIS condition under the case law in Florida BEFORE they can prevail over you in court, YOU had to have KNOWN of the DUI driver’s drunken condition and reputation for drunkenness when you nonetheless served the alcohol.” — Ft. Lauderdale personal injury lawyer John Castellano

“This ‘dram shop’ law’ as it’s called in Florida, now applies to everyone, even if the deceased person in the resultant accident was the guy you served who was actually driving DUI — the person who left your home drunk, making YOU (under these circumstances) responsible for his or her death too; so as you can see, this law doesn’t just apply to the otherwise innocent folks in the other car who may be killed in the accident. Bottom line: Be very careful who gets served any alcohol in your house!” — Florida wrongful death lawyer John Castellano

Please call me in the office any day @ 954 766 8810 and I would be privileged to answer any other questions you may have. It would be an honor to help you or your loved ones, any time. I am,

Always there for you and your family,

John Castellano

 

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About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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