Most states have a dram shop law to deter providers of alcoholic beverages (servers, liquor stores, bars, restaurants) who sell or serve alcoholic beverages under authority of a license or permit from selling or serving alcoholic beverages to obviously intoxicated individuals.

These laws generally eliminate any liability of servers, liquor stores, bars, and restaurants when a person to whom they sell or serve alcohol causes personal injury or property damage—whether in an automobile accident, a fight, or other incident—unless the person to whom they sell or serve alcohol is obviously intoxicated.

Laws regarding dram shop liability vary from state to state and are usually located in a state’s statutes.

In Florida, dram shop laws are more limited compared to many other states. Under Florida Statute 768.125, a person who sells or furnishes alcoholic beverages to someone of lawful drinking age is not liable for injury or damage caused by or resulting from the intoxication of such person, except under two specific circumstances. First, liability may arise if the alcohol is provided to a person who is habitually addicted to the use of any or all alcoholic beverages. Second, liability may also occur if alcohol is knowingly served to a person who is not of lawful drinking age, that is, under 21 years old. This means that in Florida, establishments like bars, restaurants, and liquor stores are generally not liable for the actions of an intoxicated person unless the person served is underage or known to be habitually addicted to alcohol.