Although common law has customarily upheld the precedent that it is the consumption of alcohol, and not its sale, that creates liability in cases of DUI accident or injury, changes to Georgia law place more responsibility on the property owner when a person who was served alcohol causes an accident.
The Georgia Dram Shop law states that liability falls on the business or property owner for any patron or guest who causes injury or damage after being over-served in an establishment or home, or when an underage patron or guest is served any amount of alcohol. The law is in effect when a patron or guest over the legal drinking age who shows visible signs of intoxication, is served additional alcoholic beverages, when it is known to the server that the person will get behind the wheel of a car. This also applies to the provision of alcohol in any amount for any person under twenty-one years of age.
Georgia Dram Shop law applies to eateries, bars, and private property owners. To prove liability, it must be shown that the proximate cause for the injury or accident was the provision of alcohol to the already intoxicated person.
If you or a family member have been injured by a drunk driver, call Savannah auto accident attorney Ty Wilson for a free evaluation of your claim. Also, be sure to request your free copy of Ty’s book, the 10 Secrets to Georgia Car Wreck Claims.