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Outstanding Attorneys and Legal Team. Lopez, Justin, and Daisy were quick to answer my questions and handled my accident case with speed and courtesy. The outcome was much better than I anticipated.
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Kathy W.
Hosting a holiday party is a wonderful way to celebrate with friends and family, but it comes with responsibilities—especially when alcohol is involved. Are you serving alcohol at your party? Is it strictly 21 and up? If not, it’s critical to understand Florida’s “Open House Party” law to protect both your guests and yourself from potential liability. While Florida law generally shields social hosts from liability for serving alcohol, there are important exceptions to be aware of. If alcohol is knowingly provided to an underage guest, the consequences can be severe—both legally and financially. Taking precautions to prevent underage drinking or ensuring your party is for guests 21 and over can help you safeguard against these risks and ensure a safe, enjoyable celebration for everyone.
What Is Social Host Liability in Florida?
Florida’s liquor liability laws, often referred to as “dram shop” laws, provide protections to private social hosts in most situations. If you serve alcohol responsibly at your home or a private gathering, you are typically not liable for any resulting harm caused by your guests.
However, when alcohol is served to someone under the legal drinking age, the law changes. Florida imposes a legal duty on party hosts to prevent underage individuals from consuming alcohol. If this duty is violated, the host can face both criminal charges and civil liability.
Understanding Florida’s “Open House Party” Law
Florida Statutes §856.015 outlines the responsibilities of party hosts when underage drinking occurs. A host may be held liable if they knowingly allow individuals under 21 to consume alcohol at a gathering under the following circumstances:
- The host had control over the property where the party occurred.
- The host allowed the party to take place.
- Alcohol or drugs were consumed by underage individuals.
- The host was aware of the underage consumption.
- The host failed to take reasonable steps to prevent it.
Violating this statute not only leads to criminal penalties but can also serve as evidence of negligence in a civil lawsuit.
Establishing Negligence
Under Florida law, a violation of the “Open House Party” statute can be used to prove negligence per se. This legal doctrine applies when someone violates a law designed to protect a specific group of people, and the injured party is a member of that group.
For example, these laws are intended to protect underage individuals from the dangers of alcohol consumption and the harm they may cause to themselves or others. When negligence per se is proven, the host or alcohol provider may be held financially responsible for resulting injuries.
When Property Owners Can Be Held Liable
While social host liability for alcohol consumption is limited, property owners still have a duty to maintain a safe environment for their guests. If injuries occur due to unsafe conditions on the property, the owner may face liability through a premises liability claim.
Common examples of hazardous conditions include:
- Swimming pool accidents: Unsecured pools can lead to drowning or injury.
- Uneven flooring or stairs: These can cause guests to trip and fall.
- Slippery floors: Often the result of spilled drinks, they can lead to serious injuries.
- Inadequate lighting: Poorly lit areas can increase the risk of accidents.
- Unsecured cables or wires: These create tripping hazards.
Property owners are legally obligated to correct or warn guests about dangerous conditions they know or should reasonably know about.
Seeking Compensation for Alcohol-Related Injuries
If you or a loved one has been injured in an alcohol-related incident, it’s crucial to understand your legal rights. Florida’s liquor liability laws are complex, and multiple parties may share responsibility for your injuries.
For instance, if an underage individual was served alcohol at a party and later caused a drunk driving accident, both the host and the driver could be held accountable.
Protecting Your Rights After an Injury
Time is critical in personal injury cases. Florida law sets strict deadlines for filing claims, so it’s important to act quickly. Here’s what you should do if you’ve been injured in an alcohol-related incident:
- Seek medical attention: Your health should be your top priority. Prompt medical care also creates a record of your injuries.
- Document the incident: Take photos, gather witness contact information, and keep records of all medical treatments.
- Consult an attorney: Speak with an experienced personal injury lawyer to evaluate your case and understand your options.
Contact Lopez & Humphries for a Free Consultation
If you or someone you love has been harmed because a social host served alcohol irresponsibly or failed to maintain a safe property, you may have a valid claim for damages. Call us today at to schedule a free consultation. Don’t let negligent parties off the hook—our team is here to help you hold them accountable and recover the compensation you need to move forward.
Get the help you deserve from trial attorneys who will fight for you.
