As far as dram shop laws go, Florida’s is one of the most narrow. Codified in F.S. 768.125, the measure protects persons and business establishments that furnish alcoholic beverages to those of lawful drinking age who are not known to be habitually addicted to alcohol. That means the only time drunk driving accident victims can sue the bar that served the driver may be if the driver was under 21 or if he or she was a known alcoholic.
There have been some instances in which the courts have extended liability, but it usually involves additional assumption of duty. That’s what plaintiffs in the recent case of Torre v. Flanigan’s Enterprises Inc. sought to establish. Continue reading →