Florida Statutes
Fla. Stat. § 768.125 (2025)
Liability for injury or damage resulting from intoxication.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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768.125 Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
Notes of Decisions
Cited in 87
cases (5 in the last 5 years), 1981–2025 · leading case: Bankston v. Brennan, 507 So. 2d 1385 (Fla. 1987).
Bankston v. Brennan, 507 So. 2d 1385 (Fla. 1987). “The Bankstons brought suit against the Ladikas alleging a violation of section 768.125, Florida Statutes (1983).”
Ellis v. NGN of Tampa, Inc., 586 So. 2d 1042 (Fla. 1991). “" § 768.125, Fla. Stat. (1987) (emphasis added).”
Barnes v. BK Credit Serv., Inc., 461 So. 2d 217 (Fla. 1st DCA 1984). “In making its ruling, the court expressly relied on the provisions of section 768.125, Florida Statutes (1981), and rejected plaintiff's contention that the statute is unconstitutional.”
Ellis v. NGN of Tampa, Inc., 561 So. 2d 1209 (Fla. 2d DCA 1990). “The complaint sets forth the relevant facts and also states, tracking the language of section 768.125, Florida Statutes (1987), that the appellees served Gilbert "knowing that [he] was a person addicted to the use of any or all alcoholic beverages.”
Migliore v. Crown Liquors of Broward, Inc., 448 So. 2d 978 (Fla. 1984). “The issue before us is whether, prior to the effective date of section 768.125, Florida Statutes (1981), [*] a vendor who sells intoxicating beverages to a minor contrary to section 562.”
Cook v. MillerCoors, LLC, 872 F. Supp. 2d 1346 (M.D. Fla. 2012). “125, Florida Statutes, absolves purveyors of alcohol from liability, with exceptions for sales to minors and alcoholics, based upon the common law theory that the sale of the beverage is not the proximate cause of any harm related to its consumption. Cook argues that § 768.”
Bardy v. Walt Disney World Co., 643 So. 2d 46 (Fla. 5th DCA 1994). “§ 768.125, Fla. Stat. (1993). In Bankston v.”
Kitchen v. K-Mart Corp., 697 So. 2d 1200 (Fla. 1997). “125 states: A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or…”
Publix Supermarkets, Inc. v. Austin, 658 So. 2d 1064 (Fla. 5th DCA 1995). “Section 768.125, Florida Statutes (1991), provides: 768.”
Armstrong v. Munford, Inc., 451 So. 2d 480 (Fla. 1984). “11(1)(a), Florida Statutes (1981), notwithstanding the enactment of section 768.125, Florida Statutes (1981)? The district court held that section 768.”
Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc. v. Wilde, 199 So. 3d 333 (Fla. 4th DCA 2016). “§ 768.125, Fla. Stat. From its clear language, section '768.”
Sabo v. Shamrock Commc'ns, Inc., 566 So. 2d 267 (Fla. 5th DCA 1990). “We think the record creates material issues of fact as to whether Peoples knowingly served Hoag sufficient alcoholic drinks to render him intoxicated, with the knowledge that Hoag was habitually addicted to the use of alcoholic beverages, as required by section 768.125, Florida…”
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