Dram Shop Laws in Georgia: Holding Bars and Restaurants Liable for Drunk Driving Injuries
When someone is injured in a drunk driving crash, blame often falls on the driver. But under Georgia’s dram shop law, a business that served alcohol to that driver could also be responsible. These laws aim to prevent drunk driving by holding bars, restaurants, and even private hosts accountable when they serve alcohol recklessly.
When a Business Can Be Held Legally Responsible
Under Georgia Code § 51-1-40, a business can be liable if it serves alcohol to someone who is underage or visibly intoxicated, and the business knows that person will soon be driving. Both factors must be proven. The act of over-serving alone is not enough. The law aims to stop foreseeable harm before it happens.
Social Hosts Are Not Off the Hook
Dram shop liability in Georgia also applies to private individuals. A social host can be sued if they serve alcohol to a minor or a visibly drunk person who later drives and causes harm. However, if alcohol is served on a property without the consent or knowledge of the owner, the owner is generally not liable.
Proving What the Server Knew
One of the toughest parts of a dram shop case is proving the server knew the person was intoxicated and likely to drive. If a minor uses a fake ID that appears real, the business may not be held accountable unless there is evidence that they knew it was fake. Courts often focus on foreseeability and actual knowledge, not just assumptions.
What Victims Can Recover
Victims of drunk driving injuries caused by over-service may be entitled to the following damages:
- Hospital bills and future medical expenses
- Lost income and reduced ability to work
- Pain, suffering, and emotional trauma
- Loss of companionship for close family members
Personal injury claims must usually be filed within two years, while loss of consortium cases have a four-year limit.
We Help Injured Georgians Pursue Justice From Irresponsible Servers
At Morris & Dean, we work with individuals and families affected by drunk driving crashes caused by negligent alcohol service. If you believe a bar, restaurant, or private host contributed to your injury or loss, contact us. We can review the facts, explain your legal options, and help you seek fair compensation. Call us today for a free consultation.