Were you injured in an accident with a drunk driver? Was the driver served alcohol at a business or private party shortly before getting behind the wheel? If so, you may be eligible to file a claim seeking compensation for the harm you suffered from the accident. Under Georgia’s dram shop law, you could hold the person or establishment that served the alcohol liable for the injuries and damage caused by the drunk driver. However, dram shop laws are complex – and proving liability requires strong evidence.

At Spiva Law Group, our car accident lawyers deeply understand Georgia’s dram shop laws and the requirements for proving fault in these cases. We can help you pursue the compensation and justice you deserve from liable parties. Contact our office today for a free consultation with our Georgia car accident lawyers.

What Is a Dram Shop?

Dram shop is an old term used to describe an establishment that sold alcohol by the dram. A dram is equal to one-eighth of an ounce. Today, a dram shop can refer to any place that serves alcohol, such as a bar, pub, restaurant, liquor store, tavern, or club.

What Is Georgia’s Dram Shop Law?

The dram shop law in Georgia applies to someone who knowingly serves alcohol to a minor or someone who is noticeably intoxicated, knowing they will soon drive a vehicle. If the drunk driver then causes a collision, the person or business that served them can be held liable. However, it can take substantial evidence to recover compensation in a dram shop lawsuit successfully.

Does This Law Apply Only to a Business Serving Alcohol?

Georgia Dram shop laws hold businesses and servers liable for injuries and fatalities in drunk driving accidents. However, the law also applies to social hosts in private settings, such as their homes or other private locations where alcohol is served.

Who Can Be Held Liable Under Georgia’s Dram Shop Law?

Someone who sells, furnishes, or serves alcohol to a visibly intoxicated person or a person under 21 can be liable, such as:

Party hosts, waiters, and other servers of alcoholic beverages
Restaurants, liquor stores, bars, convenience stores, nightclubs, sports venues, and grocery stores
A social host, such as a person serving alcohol in their home

What Has to Be Proven in a Dram Shop Case?

To establish a dram shop claim, a plaintiff must prove the following:

The defendant willfully, knowingly, and unlawfully sold, served, or supplied alcohol to someone under 21 or noticeably intoxicated,
The defendant knew the person would soon be driving a motor vehicle, and
Them serving the alcohol contributed to the driver’s intoxication, the impaired driving led to a car accident, and the accident resulted in injury or damage.

Proving that a person or establishment is responsible for injuries and damage resulting from a drunk driving accident can be challenging. For instance, a plaintiff must provide evidence showing that the person served alcohol was visibly intoxicated at the time. In cases of serving a minor, it may only be necessary to prove that the server should have known that the person wasn’t of legal drinking age. They must also prove that the person who served or provided the alcohol knew that the intoxicated person would drive a vehicle soon after.

Because the dram shop laws are complex, hiring an experienced attorney is crucial to building a solid case. A lawyer can investigate to determine who is responsible for serving the drunk driver who caused the crash. They will then gather and preserve evidence proving the defendant is liable for your injuries and other losses.

What Damages Can Be Recovered for a Dram Shop Claim?

If your dram shop claim is successful, you could be eligible for compensation for the following financial and personal losses resulting from the accident:

Medical expenses, including hospital stays, surgeries, doctor’s visits, medications, and mobility equipment
Lost wages if you cannot work while healing from your injuries
Loss of future earning capacity and benefits if your injuries prevent you from returning to your job or being gainfully employed
Out-of-pocket costs, such as hiring household help or childcare
Personal property repair or replacement
Lower quality of life
Pain and suffering
Emotional distress

You may also have options for pursuing compensation besides just a dram shop lawsuit. A Georgia car accident lawyer can review your case and help you determine all potential sources of compensation. This may include filing a claim against the drunk driver’s insurance or taking them to court as well.

What Is the Filing Deadline for an Injury Lawsuit in Georgia?

Under Georgia law, you have two years from the accident date to file a personal injury lawsuit. If you miss the two-year deadline, the court will likely dismiss your case. If so, you will lose your right to seek compensation in civil court.

It can take time to gather all the evidence you need to build a strong dram shop case. Consulting an experienced attorney immediately after an accident is crucial to protecting your right to pursue financial relief.

Contact a Georgia Car Accident Lawyer

Georgia dram shop laws can be complex. Fortunately, you don’t have to build a solid case alone. An experienced attorney from Spiva Law Group can help you seek the compensation and accountability you deserve from liable parties in your dram shop case. Contact our office today for a free consultation with one of our Georgia car accident lawyers.