Can You Sue a Georgia Bar for a Car Wreck with a Drunk Driver?
Drunk driving is one of the leading causes of car accidents in the Atlanta area. Of course, drunk driving does not occur in a vacuum. The driver had to get their alcohol from someone, or as if often the case, some business licensed to sell alcohol. This raises an obvious question: Can you sue a bar or restaurant–or even a private individual–for over-serving a drunk driver who then causes an accident?
Georgia’s Dram Shop Laws
The short answer is that it is possible to hold such persons legally accountable through a personal injury lawsuit depending on the facts and circumstances of a particular accident. Georgia has what is known as a “Dram Shop Act,” which governs the civil liability of persons who furnish alcohol to a drunk driver who subsequently injures other people.
The term “Dram shop” is an old legal term used to refer to bars and taverns. But Georgia’s Dram Shop Act actually covers anyone who “serves alcoholic beverages to a person of lawful drinking age.” This includes “social hosts,” such as someone who serves alcohol to guests in their home.
Georgia’s Dram Shop Act states that the party who furnishes alcohol is not “liable for injury, death, or damage caused by or resulting from the intoxication” of a patron or guest unless one of the following conditions are met:
- The person served alcohol is not of legal drinking age (i.e., under 21), and the server knows that person will soon be driving a motor vehicle;
- The person served alcohol is in a “state of noticeable intoxication,” and the server knows that person will soon be driving a motor vehicle.
Additionally, the server is not liable unless the evidence shows that the act of serving alcohol to the drunk driver was the “proximate cause” of the victim’s injuries.
No Dram Shop Liability for Fatal Single-Car Crash
With respect to accidents caused by people of legal drinking age, the Dram Shop Act’s requirement of “noticeable intoxication” poses a significant barrier to holding a bar, restaurant, or social host liable for a DWI accident.
A recent decision from the Georgia Court of Appeals, Kendrick v. Fish Tale Restaurants, LLC, offers a good example. In this case, a woman spent five hours drinking at a local restaurant. She then left that restaurant and went to another establishment, where she ordered another drink just before closing time. About an hour later, the woman drove her truck off the road and struck a utility pole, which set the vehicle on fire. This single-car accident killed a passenger who was riding in the truck.
The passenger’s widow subsequently filed a Dram Shop Act lawsuit against the two establishments that served the female driver. The trial court granted summary judgment to both defendants, finding there was insufficient evidence to prove that the female driver was “noticeably intoxicated” when she was served alcohol. The Court of Appeals affirmed. The appellate court noted there was no clear evidence, either from surveillance video footage or eyewitness testimony, that could establish either visible signs of the driver’s intoxication or that she was planning to get into her car and drive away.
Contact an Atlanta Car Accident Lawyer
A drunk driver’s reckless and illegal actions can often leave multiple innocent victims in their wake. If you, or someone you love, has been a victim of such a wreck it is imperative to speak with a qualified Atlanta car accident lawyer as soon as possible. Contact Morain & Buckelew, LLC, today at (404) 448-3146 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=17882055165468473911