In March 2024, the Florida Supreme Court made a major ruling that impacts dram shop liability, which refers to the responsibility bars and restaurants hold when they serve alcohol to someone who later causes harm, such as in a drunk driving accident.

Lenient Liquor Liability Laws in Florida

Florida has traditionally had lenient laws when it comes to holding bars and restaurants accountable for over-serving alcohol. In most cases, these establishments are not liable when a patron drives drunk and causes an accident. However, there are two key exceptions:

1. Serving a Minor: Bars and restaurants can be held liable if they willfully and unlawfully serve alcohol to someone under the age of 21.
2. Serving a Habitually Addicted Person: If an establishment knowingly serves someone who is habitually addicted to alcohol, they could also face liability.

The March 2024 Supreme Court Ruling

The recent ruling addressed how the term "willfully" is interpreted in dram shop cases. While the law uses this term, the Court ruled that these cases are not based on intentional harm but rather negligence. This opens the door for comparative negligence to be applied in liquor liability cases.

What Is Comparative Negligence?

Comparative negligence means that the fault for an accident can be divided among multiple parties. For example, the negligence of the bar in over-serving alcohol could now be compared to the negligence of a minor who was intoxicated. This could impact the way fault is assigned in dram shop cases moving forward.

As this area of law evolves, it’s crucial to stay informed. If you or a loved one has been injured due to a drunk driver, Warner & Fitzmartin can help guide you through the legal process. Contact us today at 561-816-5602.