Stupidity at its best - alcoholic falls down stairs- sues hotel for brain damage {Gadling}

Feb 10th 2009 2:33PM Sadly, this "idiot" will more than likely see money for this. This is something I see every day. I work in the commercial insurance industry and Liquor Liability is my specialty.

Fortunately for the Marriott this took place in Florida. It is not that easy in FL to hold the establishment responsible for negligent service of alcohol. If I am not mistaken, in FL you must prove the negligence was "willful". (that's no easy task)

In other states like MA, you pretty much only have to prove that one establishment was the last place the intoxicated person was served. (Or to be exact, not be able to prove that the insured was drinking anywhere else after they were at your establishment!) That last establishment pretty much is left holding the bag.

I do think drinking establishments should be held to reasonable standards. While I certainly believe in the responsible service of alcohol, I do see business owners held responsible for the actions of others all the time. Its a shame that our society encourages individuals to never take responsibility for their own actions.