National Margarita Day is today, Miami -- February 22, 2011 - though who knows when it will hit next year, because part of the fun of National Margarita Day is it just pops up on a random winter day each year. And, this year, it's popped up today.
The Broward Palm Beach New Times Blog reports that Rocco's Tacos is offering free margaritas in celebration. Well, one free margarita per person, but who would complain?
The Miami New Times gives details on what Jimmy Buffett is planning for National Margarita Day at his chain of Margaritaville restaurants.
The Food Channel has tons of margarita recipes for those of you who choose to mix your own concoctions. And, it reports that Miami has the honor of being one of the nation's "best major metro cities" for margaritas, citing the Cheers On-Premise Handbook 2008, whatever that is.
Google has searches for "National Margarita Day" as being "volcanic" as word of mouth passes the news about today being the day to celebrate America's favorite festive beverage.
Here in Miami, we're always happy to have fun and National Margarita Day sounds like a great party theme. Even if you don't like Jimmy Buffett.
However, drinking alcohol means that people risk drinking too much. When that happens, serious injuries and tragic deaths occur. Drunk driving, for example, isn't just a crime in Florida -- it's the basis for personal injury and wrongful death lawsuits against the driver - and if the driver is a minor, then his/her parents might be found legally responsible for money damages, too.
In personal injury cases where intoxication is proven, the Florida Legislature has passed a law where juries are not limited in the amount of punitive damages they can assess (read that law here, Florida Statute 768.736).
Bars, hotels, and restaurants in Miami and elsewhere are also legally responsible for monitoring their patrons because they can be held accountable for the injuries that result for drunken fun gone bad - although the law is specific on what these duties are.
Florida Statute 768.125 provides:
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.
Premises liability and "dram shop laws" in Florida therefore make the seller legally accountable for monetary damages to those injured or killed from drunken driving but not other drunking activity that may cause injury (falling, overdose, etc.).
Anyone who sells or serves margaritas, or other alcoholic beverages, will be liable for a drunk driver if (1) the driver is 21 years old or less or (2) the driver was someone that they personally knew had a drinking problem.
So, Happy Margarita Day, Miami!! Have fun today - just be careful out there, and if the bartender stops serving you, don't get mad. Get a cab.
By on February 22, 2011 2:05 PM
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