Laws Relating to Alcoholic Beverages Assignment

Common Law

• Under the common law doctrine, a vendor was not liable if they sold alcohol to a person who injured another person while intoxicated.

• The common law held that the consumption of alcohol was the proximate cause of the injury, not the sale of the alcohol.

State Legislation

• However, states began to pass legislation to modify the common law rule to allow certain negligence claims against vendors of alcoholic beverages on the basis that a sale could be the proximate cause of an injury.

• Many states now have laws that allow an injured person to seek compensation from a third party -- such as a bar or social host -- that provided alcohol to someone who causes an alcohol-related accident.

• Claims filed against business establishments are known as "dram shop" laws, from a time in which alcohol was sold by a unit of measure called a "dram."

• Currently, 42 states and Washington D.C. have adopted dram shop laws. The eight states that do not have them are: Delaware, Kansas, Louisiana, Maryland, Nebraska, Nevada, South Dakota and Virginia.

Florida Dram Shop Laws

• Unlike many states, Florida does not hold an establishment, vendor or social host responsible for serving alcohol to a person who already appears to be intoxicated. It only allows for liability if alcohol is served to a known habitually addicted person or a minor.
• As well, Floridas dram law does not hold social hosts responsible for any injuries or damages as a result of serving alcohol to someone at a private party or event, even if the host is aware that the person is habitually addicted.
• Although a social host cannot be held liable under Florida dram shop law, he or she may face criminal penalties or other sanctions for providing alcohol to a minor. For instance, Florida Statutes section 322.057 authorizes the suspension of the driver's license of a social host who provides alcohol to a minor.

Scenario Two

Maria is hosting a graduation party at her home in North Miami for her daughters classmates. Although Maria is aware that some of the guests are minors, she figures that a little champagne wont hurt anyone. After all, Maria grew up in Italy where it was acceptable for teenagers to drink.

Paul, who is 19, has several glasses of champagne and gets into a fight with Jack over a girl. Paul pushes Jack down a flight of stairs, breaking his leg.

Question:

Maria calls to ask you for legal advice. She is worried about being sued by Jacks family. What can you tell her regarding her potential liability in this situation?