How does florida define habitually addicted to alcohol?

Great Answer

Professionally Researched. (What's this?)

The definition of the phrase "habitually addicted" to alcohol affects Florida businesses that serve alcohol because of a state law that was passed in 1980. The law states that if the business knowingly serves someone habitually addicted to alcohol they will be held legally liable for damages that person may cause.

History

Enacted in 1980, Florida Statute §768.125 states that when a bar, tavern or restaurant serves a customer who then proceeds to drive and cause damages, that establishment serving the alcohol is only liable for damages if it knowingly served either a minor or "a person habitually addicted to the use of any or all alcoholic beverages."

Types

The statute covers establishments that serve alcoholic drinks rather than stores where closed containers of liquor are sold.

Significance

The statute gives no clear definition or standard to assess habitual alcohol addiction.

Features

A 1990 Florida case, Sabo v. Shamrock Communications, Inc., tried to define habitual addiction to alcohol by referring to a person who "cannot resist getting drunk anytime the temptation is offered" and whose drinking was "frequent, exclusive, and [the] dominant passion." However, as of August 2008, this definition had not been applied in any other case.

Considerations

Florida cases that have successfully proved habitual addiction to alcohol used evidence such as friends' and family's testimony, amount of alcohol consumed regularly, how frequently the defendant visited the bar in question, the defendant's own admission of alcohol addiction and the testimony of expert witnesses.

Source:

Martindale.com: The "Cheers Effect" (2008) Cary C. Wood, II

More Questions. Additional questions in this category.

ANSWERBAG BUZZ

Habitually addicted

Habitually addicted to alcohol and florida

Habitually addicted to alcohol alcoholic

Habitual alcoholic florida

Habitually addicted to

Question

How does florida define habitually addicted to alcohol?

Answers. 1 helpful answer below.