404.The.Baer (404.843.2237)
Alcohol-Related Accidents – Georgia Dram Shop Law and Social Host Liability
Even in this incredible day and age when a sober driver can be hired in a single click, drunk driving continues to plague our great state and nation. According to the National Highway Traffic Safety Administration (NHTSA), 10,142 people died in drunk-driving car accidents in 2019 alone.
There are many laws on the book designed to prevent drinking and driving. This blog addresses Georgia’s “Dram Shop” law designed to deter third parties from serving alcohol to intoxicated persons who will then drive on the road. Georgia’s Dram Shop law does not impose any criminal liability to third parties, but they do make it easier to recover money when a third party’s negligence in serving a drunk driver causes serious or even fatal harm.
The law is known as the “Dram Shop” law from when bars and taverns would sell a “dram” of alcohol to a customer.
Georgia’s Dram Shop Law
Under Georgia Code Section 51-1-40, an injured person can hold a seller of alcohol – a bar, restaurant, or liquor store – legally responsible for harm due to a drunk driving accident under certain circumstances. Only the victims, and not the drunk driver, can pursue a claim when the establishment:
- “Willfully, knowingly, and unlawfully” serves alcohol to a person under the legal drinking age of 21 and knows that the minor will be driving soon.
- “Willfully, knowingly, and unlawfully” serves alcohol to a person who’s in the “state of noticeable intoxication” and knows that the person will be driving soon.
Georgia’s Social Host Liability Laws
The same statute that holds establishments responsible also allows injured victims to sue social hosts for injuries in civil court. The “willfully, knowingly and unlawfully” standard are essentially the same as those that apply to a restaurant or bar. However, a commercial establishment should have in place additional processes and procedures designed to prevent serving to a minor or detecting an intoxicated person that may not necessarily be required to someone hosting a party. Often the biggest hurdle is proving that the person serving alcohol had actual knowledge the minor or intoxicated adult would be driving a motor vehicle soon.
How to Win Your Case under Georgia’s Third-Party Vendor Liable Laws?
In Georgia, the injured party has the responsibility to prove the elements of their case. That means that the victim must prove that the business or social host “willfully, knowingly, and unlawfully” served alcohol to a minor or an adult who was noticeably intoxicated and who the business or social host knew would be getting behind the wheel.
This will largely depend on the specific facts of a case. Suppose a person at the pub stumbled to the bar table and placed keys on top while asking for another drink “before hitting the road.” Then the victim would have a pretty strong case that the bartender knew the intoxicated minor or adult would be driving soon after. By the same token, a restaurant, bar, or social host cannot be “willfully blind” to the obvious. A bar that sells 5 pitchers of beer to a party of 2 in a span of a few hours cannot say they did not know the driver was intoxicated. But, proving that a business or person is liable for your injuries under Georgia’s Dram Shop law is not always easy. Video that may show the drunk driver shortly before the crash needs to be preserved immediately before it gets erased. Often, an expert witness who can testify what procedures a restaurant or bar should have in place is helpful to establish that lack of protocol is tantamount to a willful blindness to patrons driving drunk. Witnesses need to be contacted as soon as possible. Having an experienced accident attorney who can investigate facts and present the strongest possible case is essential.
What Damages Can You Receive?
In civil claims, such as Georgia’s Dram Shop law and Social Host law, damages are meant to compensate an injured person. Through an award of money damages, the law tries to put the injured person in the position s/he were in before the wreck. Medical bills incurred and wages lost are part of the compensation allowed, but the law allows money damages for pain, physical and cognitive impairment, and loss of enjoyment of life. How much money is sufficient to make someone whole for their injuries is a very difficult when injuries are permanent or a life is taken, but that is the only remedy our civil law has. The amount of monetary compensation will always depend on the extent of injuries suffered, and the injured party is required to prove damage sustained. The injured party bringing the lawsuit must prove these damages.
Lawsuit Filing Deadlines
Georgia has set time limitations in which a victim of a drunk driving accident can sue. It is referred to as the “statute of limitations.” Like most civil suits, victims who intend to sue under Georgia’s Dram Shop law have two years to file a claim. The clock begins to run from the date of the accident. If an injured party fails to file a lawsuit within those two years, they cannot bring a case afterward and forfeit whatever legal rights they had.
As discussed above, proving a dram shop case is difficult. Such cases take months or research and investigation to build before filing. Evidence that could prove your case is frequently lost the longer you wait. If you or a loved one has been hurt in a drunk driving accident, you need to speak to a lawyer right away.
Contact an Experienced Attorney
Atlanta personal injury attorney Bryan Baer at The Baer Law Firm is available to speak with you about your legal rights and potential options if you the victim of a drunk driving accident. We invite you to schedule a free consultation to discuss your options under Georgia’s Dram Shop law at 404.THE.BAER (404.843.2237) or through on our contact form online.
Attorney Bryan Baer has twenty (20) years of legal experience representing clients in serious and catastrophic personal injury and medical malpractice cases. He has been first chair in more than a dozen twelve-person jury trials on both the plaintiff and defense sides. Recognized as a leader in his legal community, he is frequently asked to speak at legal seminars on trial topics ranging from “Best Practices in Voire Dire” to “Maximizing Damages at Trial” as well as insurance issues such as “Navigating the Insurance Landscape” and “Injury Demands & Negotiations.” Learn more here.