What is the legal definition of “over-serving”?
In the state of Florida, “over-serving” refers to when someone continues to sell or provide alcohol to an individual beyond the legal limit. This can be done either knowingly or unknowingly. Under liquor liability law, a person can be held legally liable for any resulting damages, injuries, or fatalities that occur due to their over-serving of alcohol. The legal definition of over-serving is when the server continues to sell, give, or serve alcoholic beverages to a customer after they have become intoxicated. Intoxication is defined as having an impairment of physical or mental faculties, signs of confusion, slurred speech, and other signs of drunkenness. As a result, servers must be able to identify when their customers are intoxicated and must cease the sale or serving of alcohol and instead offer food and/or non-alcoholic beverages to the customer. If a server is found responsible for continuing to serve an intoxicated individual, they could be held liable for any resulting damages or injuries. It is important to remember that in the state of Florida, the responsibility rests solely on the server when it comes to over-serving alcohol. By being aware of the legal limit and being careful not to over-serve alcohol, the server is helping to protect themselves and the public from harm.
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