Are there any exceptions to dram shop liability?

In Florida, dram shop liability is the legal obligation of alcohol vendors to ensure that they are not selling alcoholic beverages to minors or to people already visibly intoxicated. However, there are a few exceptions to dram shop liability. One exception is if the vendor can prove that they exercised "due diligence" in determining whether the person being served was of legal age or not visibly intoxicated. For example, a bartender carding every customer to ensure they are of legal age could be using due diligence. Another exception is if the vendor can prove they were not negligent in serving the person. Specifically, if the vendor has a valid liquor license and serves alcohol to a person of legal age, they do not have to bear full liability for any damages caused by the person after leaving the premises. The last exception is based on the idea of "assumption of risk." If the person being served decides to leave with or drive a vehicle after being served, and later causes injury or damage, the vendor may not be held liable for the damage. This is because the person assuming the risk, rather than the vendor, is responsible for any harm which may result. In summary, there are a few exceptions to dram shop liability in Florida, including exercising due diligence, not being negligent when serving, and the assumption of risk.

Related FAQs

Are there any special regulations related to serving alcohol at a private party?
How can I protect myself from being sued for liquor liability?
How can I protect myself from a liquor liability lawsuit if I think my business was not liable?
What is the legal definition of “intoxication”?
Can I be held liable for damages caused by an intoxicated patron at an event hosted at my establishment?
Are there any common defenses to a liquor liability lawsuit?
What is the legal definition of “over-serving”?
What should I do if I am served alcohol when I am under the legal drinking age?
Are there any special laws or regulations related to selling kegs or other large quantities of alcohol?
Are there any special dilution laws in my state?

Are there any exceptions to dram shop liability?

Related FAQs

Related Blog Posts