Legal Question in Civil Litigation in Florida

my soon to be ex wife killed my 5 year old son

My soon to be ex wife went drinking at a local bar, we had several drinks(got drunk) and went home. We sent the babysitter home, and I went to bed. Within an hour of us leaving the bar, she got in our car with our 5 year old son and hit a brick wall....which killed him Is the bar responsible for her impaired judgement and my son's death?


Asked on 9/11/08, 7:14 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: my soon to be ex wife killed my 5 year old son

Unless you can prove they knew of her condition and sold drinks anyway, you have a tough claim .

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Answered on 9/11/08, 7:41 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: my soon to be ex wife killed my 5 year old son

My condolences on your loss.

A claim against the bar will be challenging given the circumstances you provide. If the bar knowingly served her alcohol after she was obviously intoxicated you may have a claim.

There are a few attorneys in your area who I would suggest you consult to determine whether you have a claim which can be sustained.

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Answered on 9/11/08, 8:28 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: my soon to be ex wife killed my 5 year old son

No.

Florida has laws that protect bars.

Even then, she got home. They are not responsible at all.

Your wife is responsible. If you had car insurance, you may bring a claim against her and to do so you should contact an attorney right away. Please contact me if you would like to discuss this further.

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Answered on 9/11/08, 8:52 pm


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