If an intoxicated person is served alcohol and, as a result, causes injury in a drunk-driving accident in Georgia, the victim can bring a claim against the server, whether a shop, eating or drinking establishment, or a home owner under Georgia dram shop liability laws.
Most states, including Georgia, have some form of hospitality law pertaining to the provision of alcohol, whether served in a private home, or in a tavern, bar, restaurant or other commercial establishment. Historically, the prevailing legal opinion was that the consumption of alcohol, and not its sale or provision, was the causative factor in alcohol-related accidents and injuries. Despite the common law leaning towards personal responsibility in cases of alcohol-related accident or injury, the Georgia Dram Shop Act asserts that some responsibility is born by the shop owner in cases where a clearly intoxicated patron is served further alcohol, and later causes injury in a motor-vehicle accident.
The new Dram Shop Act asserts that, in two situations, a shop owner can be held legally liable for any damage or injury caused by an intoxicated patron after being served. First, the law applies when a person under the age of twenty-one is served alcohol. Second, the law applies when a person over twenty-one who is visibly intoxicated is served additional alcoholic drinks. In the latter situation, there are three elements needed to demonstrate liability on the part of the shop owner.
First, a defendant must knowingly furnish alcoholic beverages to an individual who shows signs of intoxication.
The server must do so with the understanding that the intoxicated individual would be operating a vehicle. Lastly, it must be demonstrated that the provision of alcohol was the “proximate cause,” or the most action closest in relationship to the injury or accident.
It is important to understand that the Georgia Dram Shop law and the common law in most states does not apply only to restaurants and bars. When serving alcohol in the home, the property owners are responsible for the safety of their guests. If a person knowingly provides alcohol to an intoxicated individual with the knowledge that they will be operating a vehicle in the near future, they can be held liable for any injuries resulting from that action. This also applies to any individual under the age of 21 who is served alcohol in any amount. It is reasonable to assume that the property owner is responsible for alcohol served in the home regardless of whether the property owner is present at the time of serving. Often, this aspect of the law is examined in cases where parents leave underage children unattended in the home, and alcohol is served to underage friends without the parent’s knowledge. Underage parties of this type can have tragic consequences, and are likely to result in liability for injuries, pain and suffering, or (in cases of fatality) claims for loss of consortium filed by parents of the deceased.
The Georgia Dram Shop law, while maintaining the spirit of the common law, has expanded liability for both owners of eating and drinking establishments, and owners of private homes. The most important factor in this legal issue, of course, is responsibility, both for our personal actions and as stewards for those around us.
