When drunk drivers wreak havoc on the roads, the consequences can be devastating, resulting in severe injuries, emotional trauma and financial burdens for the victims. In many cases, these drivers carry minimal insurance coverage, which proves grossly inadequate to address the extensive costs incurred by their reckless actions. As a result, innocent individuals find themselves grappling with the overwhelming burden of medical bills, rehabilitation expenses, property damage, and lost wages, all while contending with the physical and emotional toll of their injuries.
In such dire circumstances, pursuing avenues of recourse becomes imperative to alleviate the financial strain and secure justice for the victims. One potential avenue worth exploring is the initiation of a “Dram Shop” claim against the establishment or individual who served alcohol to the intoxicated driver before the accident. By holding these parties accountable for their role in contributing to the driver’s impairment, victims can seek compensation for their losses and compel establishments to exercise greater responsibility in serving alcohol. If you were injured in a drunk driving accident in Augusta, Athens or Atlanta, contact the attorneys at Burnside Law Firm today.
What Is a Dram Shop?
The concept of “Dram Shops” originated from establishments such as bars, taverns, and liquor stores that historically sold liquor in small quantities, often referred to as a “dram” – a term denoting a small measure of whiskey. However, with the rise of automobile usage and the corresponding increase in drunk driving incidents, the legal landscape began to evolve, prompting states to grapple with the question of whether establishments that overserved intoxicated patrons could be held liable for resulting injuries. As a response to these concerns, virtually every state in the United States has enacted some form of Dram Shop law, which aims to assign vicarious liability to establishments that negligently contribute to instances of drunk driving.
Georgia Dram Shop Liability Laws
The development of Dram Shop laws reflects a societal recognition of the grave dangers posed by drunk driving and the need to hold accountable those who facilitate such hazardous behavior. These laws seek to establish a framework for imposing civil liability on establishments that serve alcohol to visibly intoxicated individuals, particularly when there is knowledge or foreseeability that the intoxicated individual will soon be operating a motor vehicle.
In the state of Georgia, the statutes governing Dram Shop liability are clear and unequivocal. Georgia law expressly prohibits the service of alcohol to individuals who are visibly intoxicated, recognizing the inherent risks associated with such actions. According to O.C.G.A. § 3-3-22, civil liability arises when alcohol is served to a noticeably intoxicated person with the knowledge that they will imminently engage in driving. Under Georgia’s Dram Shop Act, as elucidated in legal precedents such as Griffin Motel Co. v. Strickland, 223 Ga. App. 812 (1996), establishments have a duty to exercise reasonable care and diligence in discerning the signs of intoxication and refraining from serving alcohol to patrons who pose a risk to themselves and others on the road.
To establish liability under Georgia’s Dram Shop laws, certain criteria must be met, including but not limited to:
- The recipient of alcohol must be noticeably intoxicated.
- There must be knowledge or foreseeability that the recipient will soon be driving.
- The provider of alcohol failed to exercise reasonable care in assessing the situation and refraining from serving the intoxicated individual.
By adhering to these legal standards and principles, victims of drunk driving accidents can pursue justice and seek compensation for their injuries and losses while also fostering greater accountability among establishments that serve alcohol.
Contact Burnside Law Firm If You Were injured in a DUI Accident in Augusta or Athens, GA
If the two essential elements of Dram Shop liability are met – namely if the server knew that the customer was noticeably intoxicated and anticipated that the customer would imminently operate a motor vehicle – then the server may indeed bear responsibility if the intoxicated customer proceeds to drive and causes harm to another individual. Establishing these criteria is crucial in determining liability and pursuing legal recourse against negligent establishments contributing to drunk driving incidents. At Burnside Law Firm in Athens and Augusta, our experienced attorneys have a proven track record of successfully litigating Dram Shop actions against bar owners and other establishments that have breached their duty of care. We understand the complexities of these cases and are committed to advocating fiercely on behalf of injured victims.
If a drunk driver has injured you or someone you know and you believe that the establishment that overserved the driver could be held liable, it is imperative to seek legal guidance promptly. Our dedicated attorneys offer free consultations to assess the details of your case and provide expert advice on the best course of action. By taking swift action and asserting your rights, you can pursue the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. Don’t hesitate to contact Burnside Law Firm in Augusta or Athens, GA, for compassionate and competent representation in your Dram Shop claim. Your well-being and justice are our top priorities.
