Duty of care owed
Section 768.125, Florida Statutes (2008): Liability for injury or damage resulting from intoxication:
“A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”
- The Florida 2ndDistrict Court of Appeals has recently stated that the “caused by or resulting from” language in the statute limits a business’s exposure for injury caused by a person who was previously served alcohol at their location and then asked to leave.
- Although a business wants an intoxicated person off of their property, it would be going too far to say they wanted the intoxicated person to drive.
- Florida law imposes no general duty on a business owner to ensure the safety of an intoxicated person who is about to leave the premises.
- That business has no legal duty to control the conduct of a third person to prevent that person from harming others.
- See, Hall v. West, 157 So.3d 329 (Fla. 2ndDCA 2015)