In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action

This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the 20-year-old intoxicated driver struck the 18-year-old intoxicated pedestrian, causing catastrophic injuries. The establishment that served the driver made several arguments, including that the driver was not actually intoxicated, and also alleged that the pedestrian darted out in front of the driver’s truck and was the sole proximate cause of the accident. The lower court ruled that the defendant could not argue this comparative fault because the “willful” language in the statute made violation of the provision an intentional tort. The Florida State Supreme Court disagreed and answered the certified question by stating the statutory violation was a simple negligence cause of action and subject to comparative fault limitations. 

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