Unlike states that use a “visibly intoxicated” standard, Florida law shields vendors from liability for serving intoxicated adults. A successful claim can only be brought under one of two specific circumstances.
This is an exceptionally high standard to meet. This second exception requires proving that a vendor “knowingly“ served a person who is “habitually addicted” to alcohol. A successful claim requires evidence of two things:
Because Florida law does not allow claims for simply over-serving an adult, expertise in the two narrow exceptions is paramount.
Proving that service was “willful” to a minor or that a vendor had “knowledge” of a person’s addiction requires a deep dive into circumstantial evidence, witness testimony, prior incidents, and operational procedures.
I am intimately familiar with the operational standards and responsible vendor training programs recommended in Florida. While training violations alone may not prove a case, they are a key part of demonstrating a vendor’s culture and practices regarding age verification and handling problematic patrons.
Explaining the high standards of “willful” service or “knowing” service to a habitually addicted person to a Florida jury requires absolute clarity and authority. I have the experience to convey these crucial points in Florida courtrooms, including the Miami-Dade County Circuit Court.
My services are focused on the intensive evidence gathering and analysis required to even attempt a claim under Florida’s demanding law.
A confidential and candid review of the facts to determine if there is any plausible path to meeting one of the two statutory exceptions.
Meticulous analysis of all possible documentation—ID-checking systems, prior incident reports, written notices, witness interviews—to build an overwhelming evidentiary record.
Professionally written reports specifically structured to present evidence supporting a claim of “willful” or “knowing” service.
Clear, concise, and unflappable testimony designed to withstand the most rigorous cross-examination on Florida’s high legal standards.
My focus in Florida is on determining if the high wall of statutory immunity can be overcome through one of the two specific exceptions.
Building a case based on the deliberate violation of the statute forbidding alcohol sales to underage persons and its direct link to the resulting injuries.
This is the most challenging aspect of Florida law. My analysis focuses on uncovering any evidence that a vendor was put on notice of a patron’s addiction, such as letters from family members, repeated interventions by law enforcement, or other direct communications.
I provide expert witness consulting for cases throughout the State of Florida, including:
Miami, Fort Lauderdale, and Miami-Dade & Broward Counties
Orlando and Orange County
Tampa, St. Petersburg, and Hillsborough & Pinellas Counties
Jacksonville and Duval County
West Palm Beach and Palm Beach County
Get answers to common questions about District of Columbia dram shop cases, expert witness services, legal timelines, and consultation procedures statewide.
No. Florida law provides no cause of action for injuries resulting from the sale of alcohol to a visibly intoxicated adult. The only exception for an adult patron is if they can be proven to be “habitually addicted” to alcohol and the vendor knew it.
This is extremely difficult and is the highest hurdle in Florida law. It typically requires evidence that the vendor had been formally notified of the person’s status, such as by receiving a written notice from a family member. Simply observing someone drink heavily on multiple occasions is generally not enough to prove knowledge of addiction.
I provide a clear, detailed fee schedule upon request. My goal is to offer transparent and predictable pricing to assist you with your case planning and budget.
If you are evaluating a potential liquor liability case in Florida, you need a candid assessment from an expert who understands the state's extraordinary legal hurdles. Let's discuss the specific facts of your potential case. Contact me today for a confidential, no-obligation consultation.
Across hospitality, entertainment, and legal industries.
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