What is a dram shop claim for a drunk driver?
Most states allow a claim against an establishment that served a visibly intoxicated patron who then caused a crash. Florida does not.
What the statute says. A person who sells or furnishes alcohol to someone of lawful drinking age is not liable for injury resulting from that person's intoxication. Commentary describes it as a reverse dram shop statute, because it establishes immunity with narrow exceptions rather than liability with limits.
The two exceptions.
Serving a minor. Willfully and unlawfully furnishing alcohol to someone under 21. The Florida Supreme Court has held that "willfully" here means the vendor knew the person was underage.
Serving a habitual drunkard. Knowingly serving a person habitually addicted to alcohol.
What this means practically. A bar that served a patron ten drinks, watched them stumble out, and handed them keys is generally not liable under Florida law if that patron was 21 or older and not known to be habitually addicted.
Social hosts are generally outside the statute entirely.
Florida's rule is the opposite of what most people assume. Check the driver's age first. ---
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