Florida First DCA Reverses $28.6 Million Judgment And Emphasizes That Alleged Violations Of The Florida "Dram Shop" Act Are Negligence Actions

• Published date: 01 March 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Professional Negligence
• Law Firm: Butler Weihmuller Katz Craig LLP
• Author: Mr Barry Burkett

The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party's insurance policy are inadequate to compensate the injured party, and in some unfortunate circumstances their family, following these accidents. This is where Florida's "Dram Shop" statute, which is codified at section 768.125, Florida Statutes (2021), comes into play. This statute imposes civil liability against bars, restaurants, and other business establishments if they provide alcohol under certain circumstances to a patron who later causes an accident that harms someone else. Thus, both vendors and their insurance carriers should be aware of this statute to ensure that the necessary policies and procedures are in place to limit exposure to liability.

One of these circumstances is if a vendor willfully and unlawfully sells or furnishes alcoholic beverages to a minor and the minor injures another due to being in an intoxicated state (which is known as the "minor exception").¹ If the plaintiff carries his or her burden in proving a violation of section 768.125, a vendor is derivatively liable for all of the harm that its underage patron's actions or...