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Liability Intoxication

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

Marshall Dennehey on

Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more

Marshall Dennehey

A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case

Marshall Dennehey on

Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more

J.S. Held

Toxicology of Alcohol: The Role of Toxicologists in Social Host & Liquor Liability

J.S. Held on

Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death...more

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