Dram Shop Liability and Gas Station Stimulants
Based on their name, dram shop liability laws sound like they belong to a bygone era. When was the last time you saw a dram shop? In the 19th century, dram shops were saloons and shady pharmacies that sold alcoholic beverages in units of measurement called drams. The basic assumption of dram shop liability laws is that an establishment that sells alcohol to a drunk driver is responsible for injuries that the drunk driver causes. Many lawsuits have arisen regarding the scope of dram shop liability laws. In their narrowest interpretation, they apply to bars and restaurants that sell alcoholic beverages for patrons to drink on the premises, but what about package stores, where the seller cannot know how many sittings the buyer plans to take to finish all the alcohol he or she bought or how many people will be sharing the drinks? What about the hosts of private parties who serve alcohol to guests but do not charge them money to drink? For that matter, do dram shop laws apply to accidents where the at fault driver was under the influence of an intoxicating substance other than alcohol? If you got injured in an accident caused by a drugged driver, contact a Fort Lauderdale auto accident attorney.
Florida Supreme Court Refuses to Review Synthetic Cannabinoid Dram Shop Lawsuit
At gas stations throughout Florida, you can see capsules for sale near the cash register; sometimes they are behind the counter or locked in a glass case. They promise energy and focus for driving, but they are not usually forthcoming about their ingredients. Many of these capsules contain synthetic cannabinoids, popularly known as “spice.” Most of the time, the scariest thing about spice is the unknowability of its provenance, but sometimes things can take a deadly turn.
In 2013, Christopher Generoso bought a Spice product at a gas station and then drove his car, causing a collision that killed three people. Generoso was convicted of vehicular manslaughter and is now serving a 22-year prison sentence. The victims’ families sued DZE, the company that made the synthetic cannabinoids Generoso consumed before causing the fatal accident. The plaintiffs prevailed, and a court awarded them $37 million. DZE appealed the ruling, and in 2018, an appeals court reversed the ruling. It reasoned that the fault for the accident belonged to Generoso and not to DZE. The plaintiffs then appealed the appeal’s court ruling, hoping that the Supreme Court would review it and reinstate the trial court’s ruling. In 2021, the Supreme Court refused a request to review the appeals court’s ruling. This means that, for the time being, the appeals court’s ruling in favor of DZE stands, and the plaintiffs do not get compensation from DZE.
Set Up a Consultation Today
A personal injury lawyer can help you get justice after a preventable accident caused by a driver who was under the influence of synthetic cannabinoids that he or she purchased over the counter at a retail store. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-9919 to explore your potential recovery options today.
Source:
tallahassee.com/story/news/2021/04/15/florida-supreme-court-wont-review-synthetic-marijuana-liability-case/7238804002/
