dram shop attorney

Published on: December 26, 2017

Georgia’s Dram Shop Laws: What to Know If You’re Hosting a New Year’s Party

As you’re making plans to ring in the New Year, make sure you are not unwittingly breaking Georgia laws if you are hosting a New Year’s Eve party this year.

While you want your guests to enjoy your event, if you are planning on serving alcohol, you should be aware of the fact that you could be held accountable for your guests’ actions after they have had a few drinks at your party. That accountability is outlined under Georgia’s dram shop and social host liability laws.

Under Georgia law, a social host, or a person who hosts an event or a party, may be held liable for any injuries caused by persons who have consumed alcohol served by the host. In other words, you could be held accountable for serving alcohol to a person who leaves your event and causes an accident that results in injuries.

Published on: February 24, 2017

Who are the Other Parties Liable in a Drunk Driving Accident Claim?

by Robert N. Katz, Esq.

There are a number of parties that can be held accountable in any drunk driving accident. But did you know that there are some parties that may not seem directly involved in the accident, but can still be held liable in a civil claim?

One of the most obvious parties that can be held liable in a drunk driving accident claim is the intoxicated driver. However, victims may also hold liable the commercial establishment that served or sold the alcohol before the accident. These claims are filed under Georgia’s dram shop statute, which allows commercial drinking establishments such as pubs, restaurants, clubs, or liquor stores, to be held accountable in those cases in which drivers drank alcohol sold by the establishment just before an accident.

If the commercial establishment willfully and knowingly serves or sells alcohol to a person below the age of 21, they can be held liable. The establishment can also be held liable if they knowingly serve alcohol to a person who is noticeably intoxicated, and he or she then drives and causes an accident. The establishment, however, must also be aware that the customer will soon be operating a motor vehicle at the time of serving or selling of the alcohol. This is an important element to proving your claim.

Published on: August 17, 2016

Dram Shop Laws in Georgia: What You Should know

by Robert N. Katz, Esq.

In addition to the at-fault driver, it is possible to hold other people or entities responsible for injuries caused in a drunk driving accident. Under Georgia’s dram shop laws, sellers and servers of alcohol can be sued for monetary compensation if they have acted negligently.

Dram shop liability refers to the exposure commercial establishments such as restaurants, bars, liquor stores, hotels, or clubs have related to the sale of alcohol to customers. Georgia’s dram shop laws make a commercial drinking establishment like a pub or club liable for damages if the establishment serves alcohol to minors under the age of 21. The laws also allow an alcohol provider to be held liable when an establishment serves alcohol to a person who is noticeably intoxicated and is likely to drive a car after.

It is important to understand that an experienced dram shop attorney often makes all the difference in these complex cases. For example, the dram shop laws in Georgia do require that commercial establishment employees be aware that an intoxicated person intends to operate a motor vehicle after drinking. That makes it more challenging for drunk driving accident victims and their families to hold a commercial establishment legally liable for damages. Staff members frequently claim that they had no way of knowing how the intoxicated person would travel after leaving the drinking hole.

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

by Robert N. Katz, Esq.

A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.