Florida Statute § 768.125 deals with what is known as “dram shop” liability, which refers to the potential legal responsibility of businesses that sell or serve alcohol for injuries or damages caused by intoxicated patrons. This statute outlines the specific situations where these businesses can be held liable.
How Does Limited Liability for Serving Adults Affect You?
The core principle established by § 768.125 is that businesses that serve alcohol to someone of legal drinking age (21 in Florida) are generally not liable for any harm caused by that person's intoxication. This means that if a bar serves drinks to a seemingly sober 21-year-old who later becomes intoxicated and causes an accident, the bar will likely not be held responsible. However, it's important to understand that this general rule is not absolute. Courts may consider factors like:
- Over-intoxication at the time of service: If a patron is already visibly intoxicated when served additional alcohol, the business could be seen as contributing to their further impairment.
- Employee training on responsible serving: Courts may look at the establishment's policies and training procedures for staff regarding identifying intoxicated patrons and refusing service.
- Prior incidents at the establishment: A history of serving alcohol to patrons who cause problems due to intoxication could be used as evidence of a pattern of negligent behavior.
What Are the Exceptions to Limited Liability for Serving Adults?
The statute creates exceptions to this general rule. Businesses can be held liable in two specific situations:
- Serving Underage Drinkers: If a business willfully and unlawfully sells or furnishes alcohol to someone who is under the legal drinking age, and that minor's intoxication results in injury or damage, the business can be sued. “Willfully and unlawfully” means the business knew or should have known the person was underage. This can be established through factors like fake ID use, obvious intoxication of the minor, or serving alcohol to someone known to be underage.
- Serving Known Alcoholics: If a business knowingly serves alcohol to a person who is habitually addicted to alcohol, and that person's intoxication results in injury or damage, the business can be held liable. The business must have actual knowledge of the person's addiction. Simply having a hunch or suspicion is not enough. This knowledge can be established through prior incidents at the establishment, documented interventions by staff, or clear signs of severe intoxication that would suggest a potential addiction.
What is the Burden of Proof for Limited Liability in Serving Adults?
The burden of proof lies with the person suing the business under Florida's dram shop law. They need to demonstrate that the business acted willfully in the case of underage service or knowingly served a habitual abuser, and that this action directly led to the injuries or damages. This can be a significant challenge, as proving the business's knowledge and the direct link between service and the incident can be complex.
What is the Impact of Florida Statue 768.125?
Florida's dram shop law is considered relatively weak for plaintiffs compared to some other states. The limited scope and focus on the business's knowledge make it challenging to hold establishments liable for serving intoxicated adults. This can be frustrating for victims of drunk driving accidents or other incidents caused by intoxicated patrons.
Understanding the nuances of § 768.125 is crucial for anyone involved in the sale or consumption of alcohol in Florida. Businesses should prioritize responsible serving practices and staff training
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.