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, Florida's 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 One

On her way home from work one night, Donna stops at Betty's Bar in Coconut Grove for a drink. Betty, the bartender, knows that Donna has a drinking problem, but she decides to serve Donna anyway because she knows Donna will get very angry if she is refused service.

After several drinks, Donna leaves the bar, gets in her car, and drives a few blocks before hitting Penny, a pedestrian.

Question:

You are the lawyer for Penny.Who can you sue and why?

Scenario Two

Maria is hosting a graduation party at her home in North Miami for her daughter's classmates. Although Maria is aware that some of the guests are minors, she figures that a little champagne won't 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 Jack's family. What can you tell her regarding her potential liability in this situation?

Scenario Three

Alan is on a road trip and stops at Henry's Bar in downtown Chicago. He tells the bartender he is there to party and orders a number of drinks. The bartender continues to serve Alan even after he can see that Alan is clearly intoxicated. Alan told the bartender that he will "tip big" if the drinks keep coming.

Alan leaves the bar and gets into a car accident on the way back to the hotel, injuring the Smith family.

Question:

The Smiths retain a lawyer to file a lawsuit. Can they sue both Alan and Henry's Bar in this situation?

please provide explanation