An appeals court in Florida declined to extend dram shop liability to bartenders or servers who recognize an adult patron’s intoxication, take measures to “sober them up,” but don’t stop them from driving.
In Torre v. Flanigan’s Bar and Grill, plaintiffs were injured in Broward County when they were struck by a drunk driver. F.S. 768.125 offers victims the opportunity to pursue a lawsuit against the establishment that served the drunk driver alcohol only under very limited circumstances. However, victims in Torre sought a court ruling that the bar could still be responsible because it had assumed an additional duty of care that involved recognizing the patron’s level of impairment.
Florida’s Fourth District Court of Appeal did not agree. Continue reading