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 will not ordinarily be liable for injury or damage caused by or resulting from the intoxication of such person. However, there are exceptions to this general rule. Liability can arise if the alcohol is provided to a person who is habitually addicted to the use of any or all alcoholic beverages, or if alcohol is knowingly served to a person who is not of lawful drinking age, and this results in injury or damage. These provisions aim to balance the responsibility between alcohol providers and consumers, while still providing a degree of protection to the public from the actions of visibly intoxicated or underage individuals.