Georgia dram shop law lets you sue a bar after a DUI crash, but only in narrow situations. According to O.C.G.A. § 51-1-40, the bar should have served a visibly intoxicated individual whom it knew was going to drive shortly after. In addition, the bar may be liable for serving an underage individual it knew would drive shortly thereafter. These claims sit alongside your case against the drunk driver. This article explains what the statute requires, who can be held responsible, and what evidence matters. You will also see how these claims differ from a standard crash case and why timing matters.
What the Dram Shop Act Says in Georgia
The dram shop act is Georgia’s statute on alcohol provider responsibility. It appears in O.C.G.A. § 51-1-40. The first part of the statute sets a general principle: drinking and not serving is the proximate cause of any injury caused. In other words, the drunk driver is responsible for the accident. However, the statute states two exceptions to this rule. A provider may be liable for knowingly serving a noticeably intoxicated person who will soon drive. A provider may also be liable for willfully and unlawfully serving someone under legal drinking age who will soon drive.
How Dram Shop Liability Works After a DUI Crash
Dram shop liability refers to an alcohol vendor’s responsibility for damage caused by a customer. The court in Georgia takes into account the following four elements:
- Alcohol was sold, furnished, or served.
- The customer was noticeably intoxicated or underage when served.
- The provider knew, or in some cases should have known, the customer would soon drive.
- The service proximately caused your injuries.
Each element needs evidence, and courts have interpreted “soon” flexibly. A serious car accident or a fatal crash may also support a wrongful death claim.
Bar Liability Compared With Driver Liability
Bar liability is narrower than driver liability. Georgia appellate courts treat the statute as the exclusive remedy against alcohol providers. Ordinary negligence theories usually fail against them. Noticeable intoxication refers to visible signs when the drink was served. Examples include slurred speech and unsteady walking. Courts also weigh blood alcohol evidence.
| Issue | Drunk Driver | Bar or Alcohol Seller |
|---|---|---|
| Legal basis | Negligence, including DUI violations | O.C.G.A. § 51-1-40 exceptions |
| Key proof | Impairment and cause of the crash | Noticeable intoxication and knowledge of driving |
| Role in the case | Primary defendant | Additional defendant |
Who Can Be Held Responsible Besides a Bar
Dram shop law extends beyond taverns. In 2011, the Georgia Supreme Court allowed claims against a convenience store in Flores v. Exprezit! Stores 98-Georgia, LLC. Restaurants, clubs, and private hosts may also face claims. Georgia’s alcohol regulations also bar serving intoxicated people. Drinkers cannot sue providers for their own injuries. Useful evidence includes:
- Receipts and tab records
- Surveillance video
- Witness statements
- Blood alcohol test results
Video footage can be lost quickly, so save it. An attorney can also provide information on how long it takes for a settlement and how tort reform impacts it.
Protect Your Rights After a Drunk Driving Crash
While Georgia law tends to hold the drinker liable, there are certain establishments that can be held responsible for serving alcoholic beverages. A case is made based on proof of obvious intoxication, awareness that the individual was planning to drive, and that the establishment is responsible for the accident. Georgia dram shop law is complex and the evidence deteriorates quickly. Contacting an attorney immediately ensures that videos, receipts, and witness testimonies are preserved. Appalachian Injury Law helps injury victims across North Georgia, including Gilmer County. Call (706) 515-1995 or visit our contact page to discuss your options today.
Frequently Asked Questions
Can you sue a bar after a DUI crash in Georgia?
Yes, however, under certain conditions. Under Georgia laws, it is possible to file a claim if a bar provides alcohol to an obviously intoxicated individual who would be driving shortly after drinking. In addition, the lawsuit can be filed if the bar knowingly serves alcohol to a minor who would drive shortly after drinking. However, the service should cause your injuries. Courts treat the statute as the exclusive remedy, so ordinary negligence claims usually fail. Each case turns on its own facts.
Can a party host be sued for a guest’s DUI crash in Georgia?
Yes, in limited cases. O.C.G.A. § 51-1-40 applies to anyone who furnishes alcohol, including private hosts. A host may be liable for knowingly serving a noticeably intoxicated guest who will soon drive. The same applies to knowingly giving alcohol to a minor. Providing a place to drink is not enough. Courts review each case on its own facts, so speak with an attorney about yours.
Can you sue both the drunk driver and the bar?
Yes. Filing a lawsuit against the bar will not preclude filing a lawsuit against the drunk driver. The drunk driver is liable for his/her negligent acts, which include the DUI offenses, while the bar is liable for its negligent act that is distinct from the one committed by the drunk driver. A lawyer will be able to compare the insurance coverage of each defendant.
