Drunk driving is a serious problem in Georgia, leading to thousands of accidents, injuries, and fatalities each year. While the intoxicated driver is primarily responsible for their actions, Georgia law allows victims to hold bars, restaurants, and other establishments accountable if they negligently served alcohol to someone who later caused an accident. These laws, known as Dram Shop Laws, provide a legal avenue for injured parties to seek compensation from establishments that contribute to drunk driving accidents.
If you or a loved one has been injured by a drunk driver, understanding Georgia’s dram shop laws can help you determine whether you have a case against the establishment that served the alcohol. Let’s break down the key aspects of these laws, how they apply in personal injury cases, and what steps you should take to protect your rights.
What Are Georgia’s Dram Shop Laws?
Dram shop laws allow businesses that serve alcohol to be held legally responsible for damages caused by intoxicated patrons if certain conditions are met. These laws exist to prevent irresponsible alcohol service and to provide an additional legal remedy for victims of drunk driving accidents.
Statutory Basis for Dram Shop Liability in Georgia
Under O.C.G.A. § 51-1-40, Georgia law states that a business or individual can be held liable if:
1. They willfully and knowingly served alcohol to a person who was noticeably intoxicated; and
2. They knew the intoxicated person would soon be driving.
This means that liability is not automatic just because an establishment served alcohol to someone who later caused an accident. The plaintiff must prove that the business knowingly served an already intoxicated individual and that they were aware the person would be getting behind the wheel.
Social Host Liability
Georgia’s dram shop law also extends to social hosts, which includes private individuals who serve alcohol at house parties or other gatherings. A social host can be held liable if they provide alcohol to a minor (someone under 21) who later causes an accident.
This is particularly relevant in cases where underage drinking occurs at private events, and the host knowingly allows it to happen.
How Can a Business or Host Be Held Responsible?
Dram shop liability cases require strong evidence to prove that the establishment or host was negligent in their alcohol service. To succeed in a claim, the following must be established:
1. The Person Was Noticeably Intoxicated When Served
• A bartender or server must have knowingly served someone who was already visibly impaired.
• Signs of intoxication can include:
• Slurred speech
• Stumbling or unsteady walking
• Aggressive or erratic behavior
• Glassy or bloodshot eyes
• Inability to focus or respond appropriately
2. The Business Knew or Should Have Known the Patron Would Drive
• Establishing this element can be challenging, but evidence may include:
• Statements made by the intoxicated patron about driving.
• Knowledge that the individual arrived at the establishment in their own vehicle.
• Surveillance footage or witness testimony indicating that employees encouraged the patron to continue drinking despite obvious signs of impairment.
3. The Intoxicated Patron Caused an Accident
• The plaintiff must prove that the over-served patron caused the crash and injuries.
• This is often established through police reports, eyewitness testimony, and toxicology results showing high blood alcohol concentration (BAC).
Examples of Dram Shop Cases in Georgia
Dram shop cases can arise in various situations, including:
• A bar knowingly serves multiple drinks to a patron who is already visibly intoxicated. The patron then leaves, gets into their car, and causes a serious crash on I-75.
• A restaurant fails to check an ID and serves alcohol to an underage driver, who later loses control of their vehicle and causes injuries to another motorist.
• A social host provides alcohol at a party to a 19-year-old who then drives home and causes a fatal accident.
In these cases, victims may be able to seek compensation not only from the drunk driver but also from the establishment or host that negligently provided alcohol.
Compensation Available in Dram Shop Claims
If you have been injured due to the negligence of a bar, restaurant, or social host, you may be entitled to various forms of compensation, including:
• Medical expenses: Coverage for hospital bills, surgeries, therapy, and long-term care.
• Lost wages: Compensation for time missed from work due to injuries.
• Pain and suffering: For physical and emotional distress caused by the accident.
• Property damage: Reimbursement for vehicle repairs or replacement.
• Wrongful death damages: If a loved one was killed in a drunk driving accident, surviving family members may seek compensation for funeral costs, loss of companionship, and lost financial support.
Challenges in Pursuing a Dram Shop Claim
While dram shop laws provide a legal avenue for compensation, these cases can be difficult to prove. Common challenges include:
1. Lack of Direct Evidence
• Establishing that an establishment knowingly served an intoxicated person can be tricky without direct evidence such as surveillance footage or eyewitness statements.
2. Business Denial
• Bars and restaurants may deny responsibility, claiming they did not know the patron was intoxicated or that they did not expect them to drive.
3. The Drunk Driver’s Responsibility
• Defense attorneys may argue that the primary responsibility lies with the driver and not the establishment.
This is why working with an experienced personal injury attorney is essential to building a strong case.
What to Do If You’ve Been Injured by a Drunk Driver
If you or a loved one has been involved in an accident caused by a drunk driver, follow these steps to protect your rights:
1. Call 911 Immediately
• Ensure a police report is filed, and request that the driver be tested for alcohol impairment.
2. Gather Evidence
• Take photos of the accident scene, damage to vehicles, and any visible injuries.
• Obtain witness statements from anyone who saw the accident or observed the driver’s behavior before the crash.
3. Seek Medical Attention
• Even if injuries seem minor, get a medical evaluation to document your condition.
4. Identify Potential Dram Shop Liability
• If possible, determine where the drunk driver was drinking before the accident.
• Ask witnesses or review receipts for evidence of excessive alcohol consumption at a particular establishment.
5. Consult a Personal Injury Attorney
• Dram shop cases require thorough investigation and legal expertise. An attorney can help gather evidence, negotiate with insurance companies, and, if necessary, take your case to court.
How Gunn Law Group Can Help
At Gunn Law Group, we understand the devastating impact that drunk driving accidents can have on victims and their families. Our team of experienced personal injury attorneys will:
• Conduct a comprehensive investigation to determine if dram shop liability applies to your case.
• Gather critical evidence, including security footage, witness statements, and toxicology reports.
• Negotiate aggressively with insurance companies to secure the maximum compensation for your injuries.
• Take your case to trial if necessary to hold all responsible parties accountable.
Conclusion
Georgia’s dram shop laws provide a vital legal remedy for victims of drunk driving accidents. If a bar, restaurant, or social host negligently served alcohol to an intoxicated person who later caused harm, they should be held accountable.
If you or a loved one has been injured due to a drunk driver, call Gunn Law Group at 888-244-4866 for a free consultation. Let “the Big Gunn” fight for your rights and help you get the compensation you deserve.
