CASE LAW UPDATE: Updates to Dram Shop and Liquor Liability in Florida

A few days ago, the Florida Supreme Court published an important case when it faced a certified question it received from the First District Court of Appeals. The First District Court of Appeals asked the Supreme Court to determine if comparative fault could be applied to reduce a recovery made by an injured minor that was knowingly served alcohol by the defendant bar. The minor’s (the underlying plaintiff) attorneys argued no because the statute required proof of an intentional tort—referencing the “knowingly” language in the statute.^[1] In other words, you can’t “compare” a negligent tortfeasor’s conduct with an intentional tortfeasor’s conduct.

The Court limited its ruling to the narrow question presented, but in a 6-to-1 decision, the Court ruled comparative fault does, in fact, apply. The Court reasoned that proof of intentionality was only required for “knowingly” selling to a minor, not that an injury was sure to happen.

This will interplay with cases subject to Florida’s new modified comparative fault statute, under which any plaintiff who is more than fifty percent (50%) at fault is barred from recovery. Whether the ruling will additionally affect the application of the alcohol defense under Fla. Stat. § 768.36, which bars recovery of plaintiffs who have impaired faculties and are found to be more than fifty percent (50%) at fault for their own injuries, has not been explicitly addressed. What can be agreed upon though, is that this new ruling will significantly affect the value of “Dram Shop” cases in favor of the defense.

If you would like to learn more about how liquor liability laws in Florida may affect your business, please reach out to any Wicker Smith partner for more information.

 

[1] Fla. Stat. § 768.125 reads: “Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”