Homeowners, Liquor Stores & Restaurants Could Be Held Liable for DUI’s Under Georgia’s Dram Shop Act
March 30, 2016
According to the Bureau of Transportation, every two hours three people are killed in an alcohol-related car accident. In other words, the likeliness of you being involved in an accident with a drunk driver in your lifetime is extremely high. It’s important for you to understand your rights if you’ve become a victim of a drunk driver. Our Atlanta car accident lawyers have put together some key pieces of information you should know if you or your loved one has been injured by the negligence of a drunk driver.
What Is the Dram Shop Act?
Did you know that the establishment that sold the negligent party the alcohol that caused your accident could be held liable? Under Georgia’s Dram Shop Act liquor stores, hotels, and homeowners could be held liable. There are two ways this can happen:
- Serving Alcohol to a Minor: If an establishment willfully and knowingly serves alcohol to a minor and then that minor is involved in a car crash, that establishment could be held liable for the incident. This also includes homeowners/party hosts who give alcohol to minors. It is important to note that this only applies if the host knows that the minor is intoxicated and will soon be driving a motor vehicle.
- An example for this situation would be: Bob owns a liquor store and sees Jim, a minor, drive up to his store. Jim is noticeably intoxicated. Bob does not check Jims ID, but sells Jim the alcohol. Bob, the liquor store owner checked Jim’s ID and noticed he was under 21 but sold Jim the alcohol anyway. On his way back to the party, Jim is involved in an accident. In this instance, Bob the liquor store owner, could be held liable for damages done by Jim’s negligent drunk driving.
- Knowingly Selling Alcohol to an Intoxicated Person: If an establishment knowingly and willingly sells alcohol to a person that they know will soon be driving, then that establishment could be held liable. In this instance, a social host could also be held liable should they knowingly and willing provide alcohol for an adult who will be driving.
- For instance: Tom is attending a BBQ at Rebecca’s house after work. At the party, Tom gets drunk but Rebecca continues to serve Tom alcohol despite knowing that he will have to drive home later on. When the party ends, Tom drives himself home but on his way is involved in a fatal car crash. In this example Rebecca could be held liable for damages because she willingly and knowingly served Tom alcohol after he was clearly intoxicated.
How Our Atlanta Personal Injury Attorneys Could Help You
If you’ve been a victim of a DUI car accident, you could be entitled to collecting damages from the liable establishment of social host that provided the alcohol to the negligent driver. Our Atlanta personal injury attorneys have the expertise you need to get the justice you deserve.
Get the right people on your side—Call us today!