A drunk driving accident can leave you with considerable long-term injuries and expenses. Collecting compensation from the other driver, however, may not yield much in terms of financial payback — especially if the driver doesn’t have enough insurance. The driver that hit you may even be arrested, reducing your chances of collecting the compensation you need to pay medical bills and other expenses.
In some cases, however, victims of drunk-driving accidents are able to collect compensation from both the person and business that served or over-served the driver the alcohol that led to your accident.
Bars, nightclubs, liquor stores, and other establishments that serve alcohol are required by law to help reduce drunk driving accidents. Under the Dram Shop Law in Georgia, in instances where they didn’t take the necessary precautions, these establishments can be held legally responsible for injuries caused by a guest or patron.
What Are Georgia Dram Shop Laws?
While the term is outdated, “dram shops” were establishments that sold alcohol in spoon-sized measurements called “drams.” The laws governing places that serve alcohol began during the Temperance Movement in the US, specifically in reference to these now-defunct establishments.
Today, dram shop laws in Georgia cover nearly any place that serves alcohol — including private homes. Georgia Dram shop laws are intended to reduce accidents and injuries caused by individuals driving under the influence by requiring servers to limit serving alcohol when a patron is buzzed or drunk. If the patron has been served too much then a taxi, Uber or Lyft should be called so the patron who is drunk doesn’t drive from the establishment.
Dram Shop Laws in Georgia (O.C.G.A. 51-1-40) address the liability of an establishment that over-serves alcohol to someone who is visibly intoxicated, knows the customer will be driving, or serves alcohol to a minor.
These laws allow a plaintiff to file a claim against an establishment that over-served alcohol to a customer. The laws also apply to a private social host who over-serves an adult or serves alcohol to a minor.
Dram Shop Liability In Georgia and Legal Consequences of Over-Serving
Under Georgia Dram Shop Laws, an establishment or social host that over-served alcohol to someone can be held liable for the damages and injuries that the person causes to others, including:
- Civil liability for injuries and damages, including punitive damages (there are no caps on compensation when alcohol is involved)
- Potential criminal charges for bartenders and establishments, including jail time for bartenders and owners
- Fines, license revocation, and loss of income
While many businesses carry business liability insurance, most policies do not include anything related to alcohol. Georgia law does require establishments that sell alcohol to carry insurance specifically covering dram shop liability.
Social Host Liability in Georgia
Private events at homes and other venues are also subject to Georgia dram shop laws. Much like suing a bar for over serving, a “social host” might also be liable for damages from a drunk driving accident.
Under Georgia Code § 51-1-40, a social host can be held liable for injuries or damages caused by an intoxicated guest if they knowingly served alcohol to someone who was noticeably intoxicated or underage, and they knew the person would soon be driving. This liability extends to various social settings where alcohol is served gratuitously, including:
- Private Parties
- Holiday Events
- Business Gatherings
Social hosts have some of the same responsibilities as bars and other establishments under over-serving laws, including not serving to anyone under 21 or anyone who is visibly intoxicated, monitoring consumption during the event, stopping serving alcohol to someone who will be driving, and offering alternative transportation to anyone who has been drinking and will be driving.
Social host liability aims to promote responsible alcohol service and can be a crucial factor in personal injury cases involving drunk driving accidents.
Proving Dram Shop Liability in Georgia
Suing a bar for over-serving puts the burden of proof on the plaintiff. A plaintiff must show under Georgia’s dram shop laws that the individual who served the alcohol knew or should have known that:
- The individual was visibly intoxicated, and, that the individual would be operating a motor vehicle after consuming the alcohol and could cause harm to others.
- Alternatively, if the drunk driver was a minor since it is against the law to serve minors alcohol.
Proving dram shop liability requires evidence such as:
- Eyewitness accounts
- Video footage
- Receipts showing the number of drinks served
- Expert testimony regarding the effects of alcohol consumption
The plaintiff would then need to show that their losses (damage and injuries) resulted from the individual’s intoxication caused by the defendant being over-served alcohol (or that the drunk driver was a minor).
Further Reading: Understanding Burden of Proof & Preponderance of Evidence in Civil Cases
Compensation in Dram Shop Cases
A drunk-driving victim may be eligible to recover compensation under the Georgia Dram Shop Law. Just like a claim against the driver, you may be able to recover:
- Medical Expenses, current and future
- Lost income, current and future (if applicable)
- Property damage
- Pain and suffering
- Emotional distress
- Wrongful death (if applicable), including funeral and burial expenses, medical expenses, and other related losses
Georgia’s statute of limitations is just two years from the date of the accident (although the statute may be extended or shortened under certain circumstances). It’s important to speak with an Atlanta car accident attorney as soon as you can to avoid running out of time.
Further Reading: What is Pain and Suffering and How Is Compensation Value Calculated?
Georgia Dram Shop Laws & Liability FAQs
Can a bar get in trouble for over-serving?
Yes — bars and other establishments can become civilly liable and possibly criminally liable. Criminal charges are possible in severe cases, especially if the over-serving leads to a fatal accident. It is up to the State of Georgia to decide whether to pursue criminal charges.
At Apolinsky & Associates, LLC, our lawyers pursue compensation for victims. We do not defend people who have been charged with a crime.
Can I sue a bar for over-serving me?
No — the Georgia Dram Shop Act specifically prohibits the intoxicated person from recovering damages if you are over served at a bar. The law considers the consumption of alcohol, rather than its sale or service, as the sole proximate cause of any resulting collision or injury.
In a Dram Shop Case in Georgia, this restriction applies to both establishments and social hosts and prevents an individual from pursuing them for damages under any circumstances.
Is it illegal to serve a drunk person alcohol?
Yes, it is illegal to serve alcohol to a visibly intoxicated person in Georgia under certain circumstances. According to Georgia’s Dram Shop Act (O.C.G.A. § 51-1-40), it is unlawful to knowingly sell, furnish, or serve alcoholic beverages to a person who is in a state of “noticeable intoxication“ if the provider knows that the person will soon be driving. This law applies to businesses that sell alcohol, i.e., bars, restaurants, liquor stores, etc., and social hosts hosting parties and events.
The law does not require the provider to physically stop the person from driving. However, if it is obvious that the intoxicated person should not be driving, then the server should call a cab, rideshare, or insist the person leave with a designated driver. It is generally considered a moral and social responsibility to prevent intoxicated individuals from driving to ensure public safety.
What is legally drunk in Georgia?
In Georgia, a driver is considered “legally drunk” when their blood alcohol concentration (BAC) reaches the following levels:
- 0.08% for adult non-commercial drivers aged 21 and over
- 0.04% for commercial drivers
- 0.02% for drivers under 21 years of age
A driver can still be charged with DUI even if their BAC is below these limits if they are deemed unsafe to drive due to alcohol or drug consumption.
The number of drinks or amount of alcohol required to reach these limits varies depending on factors such as gender, weight, type of alcohol, and a person’s alcohol tolerance.
At Apolinsky & Associates, LLC, our lawyers pursue compensation for victims. We do not defend people who have been charged with a crime.
Consult an Atlanta Attorney Experienced in Dram Shop Laws
Navigating compensation via dram shop laws can be a complicated process — especially in the wake of injuries and damages sustained due to the accident. Working with an experienced attorney is key to streamlining the process and maximizing compensation.
At Apolinsky & Associates LLC, we’re experts in all types of car accident cases — including dram shop law. Contact us today for a no-obligation case evaluation and learn how we can help.
