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Imagine that an intoxicated person injures someone in a car accident. Can the injured person seek compensation from the intoxicated person, as well as the third party vendor that provided alcohol or over-served them? According to Dram Shop law, they can. As one of 30 states following a Dram Shop liability law, Georgia Code section 51-1-40 allows an injured person to hold a seller of alcohol (including a bar, liquor store or restaurant) liable if the vendor:

  • “willfully, knowingly and unlawfully” serves alcohol to a minor under age 21
  • “knowingly” serves alcohol to a person who is “noticeably intoxicated,” and
  • the establishment knows that the minor or intoxicated person will soon be driving a motor vehicle

Social Host Liability

In reference to the final section of Georgia’s code listed above, social host liability is part of the same statute that permits plaintiffs to sue vendors for injuries in court. As an example, suppose a woman named Jane stops by a friend’s home after work. She becomes noticeably drunk, but her friend (also the host) continues providing Jane with alcohol, even though she knows that she will soon be driving home. A short time later, Jane gets in her car to drive home, tragically hitting a pedestrian. In this scenario, dram shop law allows for the pedestrian to file a claim against Jane and the friend that hosted her (even though her friend is not considered a vendor).

In the case of social host liability, however, it must be established that the host knew the guest would be driving soon. Thus, while a person might have a reasonable claim against the intoxicated driver, it doesn’t mean that he will also have a claim against a host.

Experienced Dram Shop Claims Attorneys

At Burnside Law Firm, we understand that certain circumstances can be used to establish vicarious liability on the person or vendor that served a drunk driver. As experienced Dram Shop claims attorneys, we have successfully pursued Dram Shop actions against bar owners in the past.

If an intoxicated driver has injured you or a loved one, and you believe that a vendor or business has over served them, contact Burnside Law Firm in Augusta today.

Posted on behalf of Burnside Law Firm LLP

Contact Us

Augusta

2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320

Athens

325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered tens of millions in settlements and verdicts

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

Commercial Vehicle/Death

$6,000,000

Auto Accident/Death

$5,000,000

Workplace Accident/Leg Injury

$1,800,000

Medical Malpractice/Surgery Complication

$1,000,000

Medical Malpractice/IV Procedure Error

$1,000,000

Premises/Fall

$700,000

No fee unless we win

Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller
Robert MacGregor

Robert MacGregor

Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

Meet Robert MacGregor

Ashton Revollo

Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

Meet Ashton Revollo

Our Client Testimonials

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

Lynn Eldridge

I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

Damien Williams

I definitely felt comfortable in there hands really good people.

Jacob Clements

Very very good law firm. Went above and beyond to make things right. Highly reccomend.

Barbara Huskinson

Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

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    Augusta

    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320

    Athens

    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264