Liquor / Bar Liability
The field of liquor liability is of increasing interest and importance in our community.
Florida’s “dram shop” statute is the state’s response to the ever-increasing problem of minors and alcoholics who seriously injure themselves or others while intoxicated. Still, Florida’s statute is one of the nation’s most restrictive for plaintiffs, particularly in a tourist-friendly state. Florida law provides that if establishments such as hotels, restaurants or bars knowingly serve minors or habitual abusers of alcohol, they may become liable for any injuries or damage resulting from that patron’s intoxication. That word “knowingly” is what makes the Florida statute so restrictive.
Despite the challenges posed by state law, Senior Partner William Andrew Haggard devotes much of his time representing people designated under Florida law to be the victims of restaurant or bar negligence. Mr. Haggard has effectively litigated many significant liquor/bar negligence cases in South Florida, including Fox v. The Clevelander, MacLean v. Flirts, and Linnes v. Holiday Isle. The successful conclusion of these cases has served to more clearly define the responsibilities of establishments serving liquor.
Florida law provides that if establishments such as hotels, restaurants or bars knowingly serve minors or habitual abusers of alcohol, they may become liable for any injuries or damage resulting from that patron’s intoxication.
Liquor / Bar Liability Verdicts & Settlements
Plaintiff suffered severe burns on 68% of his body after being lit on fire while sleeping in his truck. The defendant in this case failed to meet industry standards when dealing with an intoxicated person on their premises. Defendant’s failure resulted in the assailant loitering for an extended period of time and ultimately lead to plaintiff’s injuries. The injuries were so extreme that plaintiff was left with no use of his hands outside of being able to lift his arms up and down. The case resulted in a settlement one week before trial in the amount of $4.85 Million.
Mr. Marshall and Ms. Robinson were out for a birthday celebration. After drinking for several hours at both the Red Baron Lounge and Gene’s Lounge, both persons were asked to leave after a verbal altercation and proceeded to drive off in Ms. Robinson’s car. No effort was made by Gene’s Lounge to call a cab or make any alternate transportation arrangement. Ms. Robinson proceeded to drive off the roadway and strike a tree, partially ejecting Mr. Marshall, and leaving him a quadriplegic with both legs amputated. He was also rendered completely blind after encountering corrective surgery complications. Both Gene’s Lounge and Red Baron Lounge knew of Ms. Robinson’s alcoholism,but purposefully continued to serve her alcohol with disregard to the possible consequences of their actions. The case was settled for total policy limits.
Sherry Ann Trosper was habitually addicted to alcohol based on the parameters of Florida’s “dram shop” statutes. At 3:00 AM Sherry Ann Trosper, totally intoxicated, left Gaby’s Lounge and in attempting to walk across a multi-lane street, was struck by a vehicle suffering permanent injuries.Gaby’s Lounge knew or should have known that the quantity of alcohol served to Sherry Ann Trosper would render her intoxicated and incapacitated, and purposefully served her this quantity of alcohol. Gaby’s Lounge either intended to get her intoxicated, or did so with reckless disregard and conscious indifference to the consequences, so as to be the equivalent of intentional misconduct.