What are the common defenses against liquor liability claims?
When it comes to defending a liquor liability claim in the state of Florida, there are a few common defenses. First, it is possible that the person who was injured or caused damage was already intoxicated when they arrived at the location. In some states, such as Florida, “dram shop laws” exist, which make it unlawful for vendors to serve anyone who is obviously intoxicated. Those that violate the law can be held liable for damages caused by the patron. It is also possible to argue that the patron was negligent. This could be in the form of activities like reckless driving, or other risky behaviors. If it can be proven that the patron was negligent, then they may be held responsible for their own actions rather than the establishment. A third defense is that the injured party was a minor, or not of legal drinking age. If this is the case, then it is possible to argue that the establishment did not break the law. Lastly, it is also possible for an establishment to argue that the injury or damage was not directly caused by their negligence. In this case, it may be argued that the damage or injury was caused by the actions of a third party, or that the damaged property was already in poor condition prior to the incident in question. Overall, it is important to keep in mind that each liquor liability claim is different, and the specific defenses depend on the individual circumstances. It is important to consult an attorney in order to determine the best course of action in a particular situation.
Related FAQs
Are there any special rules or regulations related to promotions or discounts related to alcoholic beverages?Are bars and restaurants required to provide food when serving alcohol?
How does the 'good Samaritan' law affect liquor liability claims?
What is the difference between negligence and recklessness when it comes to liquor liability?
What should I do if I think someone is too intoxicated to be served?
Are there any requirements to keep a log of alcohol sales?
What happens if I serve alcohol without a liquor license?
Are any bars or restaurants immune from liquor liability lawsuits?
Is it illegal to serve an intoxicated patron?
What are the legal consequences of allowing minors to consume alcohol on my property?
Related Blog Posts
What You Need to Know About Liquor Liability Law - July 31, 2023What Is Liquor Liability? An Overview of the Legal Implications - August 7, 2023
Understanding the Potential Risks of Liquor Liability Law - August 14, 2023
Tips for Avoiding Liquor Liability Lawsuits - August 21, 2023
What Is Vicarious Liability? Examining Its Role in Liquor Liability Law - August 28, 2023