Legal Question in Consumer Law in Florida

I want to a local city bar on a friday night with some friends to celebrate. I gave the bartender my driver's license and credit card to open a tab for the evening. At the end of the evening (which was early the next day, around 1:00am), I returned to the bar to close my tab. The bartender informed me that he had given away to another bar patron with a similar last name as mine, my credit card and driver's license. I do not know the name or identity of the person whom the bar gave my identification and credit card to. The bar kept the driver's license and credit card of the other person with the bar, and they would not release the other persons contact information to me. Two days after this incidence, I learned that the person whom the bar gave my credit card to, made some charges to the card.

My question: 1) can the bar be held accountable for neglegently releasing my personal information (drivers license) and credit card to someone else; 2) can I take legal action against the person who had made charges to my credit card? To date, I have canceled the credit card. Thank you, C


Asked on 8/18/10, 8:40 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Yes and Yes. Never turn over your ID or credit card to another person, especially a bar. But, since the bar had a policy to require these items to "open a tab", the bar is liable for their error, and both the bar and the other guy are responsible for the charges against your card, as well as any other damages you may suffer due to the bar's negligence. You should name them both in a civil action.

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Answered on 8/24/10, 6:16 am


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