Dram Shop Laws in Florida

When it comes to socializing and enjoying nightlife, it's important to remember that alcohol consumption comes with responsibilities. Unfortunately, there are instances where individuals consume alcohol to excess and then engage in risky behaviors that can lead to accidents, injuries, or even fatalities. In such cases, it becomes crucial to determine who should be held accountable for the damages caused. This is where dram shop laws come into play.

What are Dram Shop Laws?

Dram shop laws are designed to hold alcohol-serving establishments liable for the consequences that arise from serving alcohol to individuals who are already visibly intoxicated or under the legal drinking age. These laws aim to deter establishments from over-serving alcohol and promote responsible alcohol consumption. While these laws vary from state to state, Florida has its own set of statutes that address the issue.

Liability of Alcohol-Serving Establishments in Florida

Under Florida law, alcohol-serving establishments can be held liable for injuries or damages caused by individuals they served alcohol to under certain circumstances. The Florida Statutes, specifically Section 768.125, outline the conditions that must be met to establish liability.

According tostate law, an establishment can be held liable if:

  • The establishment served alcohol to a person who is either under 21 years of age or someone who is “habitually addicted to the use of any or all alcoholic beverages.”
  • The establishment's act of serving alcohol was the proximate cause of the injuries or damages sustained.

It is important to note that the law does not hold establishments responsible for the actions of individuals who consume alcohol and subsequently cause harm to themselves or others. Instead, the focus is on the responsibility of the establishment to ensure responsible alcohol service.

Proving Liability

To establish liability under Florida's dram shop laws, certain elements need to be demonstrated. These include:

  • Evidence of over-service: It must be proven that the establishment continued to serve alcohol to an individual who was either visibly intoxicated or under the legal drinking age.
  • Causation: There must be a direct link between the over-service of alcohol and the subsequent damages or injuries suffered.
  • Notice: In cases involving individuals who are “habitually addicted,” the establishment must have had prior knowledge of the person's addiction to alcohol.

It is worth noting that Florida law places a higher burden of proof on plaintiffs seeking damages under dram shop laws. Unlike some other states, Florida requires clear and convincing evidence rather than a preponderance of the evidence to establish liability.

Limitations and Exceptions

While dram shop laws are aimed at holding establishments accountable for their role in alcohol-related incidents, there are limitations and exceptions in Florida that should be understood. For instance, Florida law does not extend liability to social hosts who serve alcohol in non-commercial settings, such as private parties. Additionally, there is a limitation on the amount of damages that can be awarded, as well as a statute of limitations for filing a dram shop claim.

Navigating dram shop laws in Florida can be complex, but with the right knowledge and legal representation, you can protect your rights and seek the compensation you deserve. If you have been a victim of an accident caused by an intoxicated person, our experienced personal injury team at Lusk, Drasites & Tolisano can provide you with the expertise and guidance needed to navigate the legal process effectively.

Contact us today to schedule a free consultation for more information about Florida dram shop laws and drunk driving accidents.

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