Atlanta Dram Shop Liability Attorneys
Lawyers in Atlanta Pursue Dram Shop Liability Cases
Accidents involving a drunk driver may not always be the driver’s fault – at least not entirely. Georgia’s dram shop laws expose liquor stores, bars, and even social hosts to potential liability in the event that an intoxicated person causes harm to others. If a drunken person caused you harm, you could potentially file a claim against the individual and the provider of the alcohol. The attorneys at Butler Prather LLP can help you with dram shop liability claims in Atlanta, GA.
Our skilled litigators have won over a billion dollars in settlements and verdicts for clients in over 30 states. We’ve won nine verdicts exceeding $100 million, over 60 verdicts, and more than $10 million in settlements.
Call us at (706) 322-1990 to schedule a complimentary consultation today.
What are Dram Shop Laws in Georgia?
Dram shop laws state that shop owners and others involved in the selling or distribution of alcohol have a responsibility not to serve persons who are “noticeably intoxicated,” minors (under the age of 21), or those they know will soon drive a motor vehicle. Suppose a shop owner, establishment, or social host breaks this law, and the intoxicated individual goes on to cause a car accident, start a fight, or otherwise inflict harm. In this case, injured parties may hold more than one party responsible for damages — the drunken person and the person or entity that served the alcohol.
Georgia’s dram shop laws don’t apply only to shops. Even social hosts may take on liability for an injured person’s damages in certain circumstances. If a social host serves alcohol to someone he/she knows is underage and will soon be driving a car, the host is accepting legal responsibility for any subsequent vehicle accidents. Unlike dram shop laws in most states, a vendor or social host will not be liable for serving alcohol to a minor unless he/she knows the minor will be driving soon.
For example, if a minor becomes intoxicated at a party, and the social host takes the minor’s keys, the host would then most likely not be liable if the minor stole someone else’s car to drive. The host did his/her duty by trying to prevent the intoxicated individual from driving. Georgia law enables injured parties to file lawsuits against alcohol suppliers in the event of an Atlanta drunk driving accident. However, the drunken individual does not have the right to sue the provider of the alcohol, even if he/she sustained injuries in the accident.
Compensation Available for Dram Shop Injuries in Atlanta
Victims of dram shop negligence and their families may be eligible for several types of compensation. This includes tangible economic damages such as medical expenses for treatment of injuries, which covers both immediate and ongoing care. Compensation for lost wages is also common in dram shop cases. This accounts for the time the victim was unable to work due to injuries. If the victim isn’t able to return to work or must take a lesser-paying job because of their injuries, lost future earnings can also be factored in. Compensation may extend to cover the cost of assisted living care and medical devices necessary for the victim’s long-term health needs.
Dram shop injury victims and their families may also receive compensation for non-economic such as reduced quality of life and pain and suffering. If the accident results in a fatality, surviving family members may file a wrongful death claim to cover the loss of emotional and financial support.
Effects of Alcohol on Driving
Alcohol plays a significant role in road accidents, often turning routine trips into tragic events. Traffic safety data consistently demonstrates that alcohol-related crashes account for a substantial percentage of traffic fatalities and serious injuries annually. Drivers with impaired faculties are less able to perceive and respond to changes in traffic conditions, misjudge distances, and exhibit poor decision-making. This can lead to catastrophic results, including head-on collisions and wrong-way driving incidents. Alcohol-related accidents tend to be more severe due to the higher likelihood of reckless behaviors like speeding.
Alcohol consumption affects the central nervous system, impairing various cognitive and motor functions essential for safe driving. When alcohol enters the bloodstream, it reduces the efficiency of the brain’s communication pathways, leading to slower information processing and impaired judgment. This delay in reaction times can be critical when split-second decisions are required on the road.
Coordination, a vital skill for operating a vehicle, is also compromised as alcohol levels rise, affecting the driver’s ability to steer, brake, and navigate effectively. The false sense of confidence that alcohol can instigate leads individuals to take unnecessary risks, further elevating the likelihood of accidents.
How Can I Pursue a Dram Shop Claim in Atlanta?
If you were recently injured in a car accident in Atlanta involving an intoxicated party, it is worthwhile to think of your case in terms of Georgia’s dram shop laws. You could be eligible to recover damages from the drunken individual and the party responsible for serving the person too much alcohol. Holding dram shops and social hosts liable for their actions is important not only in terms of compensation but for the good of the community. A lawsuit can ensure the negligent party doesn’t repeat the mistake of serving too much alcohol to a minor, a drunken person, or someone who will be driving shortly.
In Georgia, you have two years from the date of your accident to file a personal injury claim against a dram shop or individual. If you don’t discover injuries until after the accident, such as a slipped disc that didn’t flare up until you were lifting boxes at work a month later, the deadline starts from the date of discovery of the injury. Failure to bring your claim within the time limit means you forfeit your right to pursue compensation. The best way to protect your future is to seek counsel from an Atlanta dram shop liability attorney as soon as possible.
Determining Dram Shop Liability
Establishing dram shop liability in Georgia requires showing that the establishment served alcohol to a patron who was either underage or visibly intoxicated, and there must also be a clear link between the server’s behavior and the subsequent harm caused. This often involves showing that the patron’s intoxication was a significant factor in an incident, such as a car crash.
Evidence of intoxication may include slurred speech, impaired coordination, or aggressive behavior. The plaintiff must demonstrate that the injuries or damages sustained were a foreseeable consequence of the establishment’s action or inaction.
In Georgia, it is illegal for any establishment to serve alcohol to individuals under the age of 21. This law is strictly enforced, and the penalties for serving minors can be severe, including hefty fines, suspension or revocation of liquor licenses, and even criminal charges for the individuals responsible for the sale.
Establishments are expected to verify age through valid identification and are held accountable if they fail to do so. It is crucial for businesses to have rigorous age verification processes in place and to educate their staff on the importance of these checks to prevent illegal alcohol sales to minors. This will allow them to avoid potential liability while decreasing the chances that a senseless accident will occur.
How Your Atlanta Dram Shop Liability Attorney Can Help
To prove that an establishment over-served alcohol, documentation and testimonies are critical. Receipts or tabs can track the amount of alcohol purchased, indicating potential overservice. Witness statements from other patrons or employees will provide insight into the patron’s behavior and the establishment’s service practices. Surveillance footage may also be reviewed to observe the patron’s actions and interactions with staff. Expert testimony from toxicologists can help establish a patron’s level of intoxication based on the type and amount of alcohol consumed.
When investigating claims of overserving, the focus often shifts to the role of the establishment in facilitating excessive alcohol consumption. It’s not just about the amount of alcohol served – it’s also about the staff’s awareness of a patron’s intoxication level and their response to it. Staff training and policies on responsible serving are scrutinized. If an establishment lacks proper protocols or if staff members ignore signs of intoxication, business owners can be held liable. It’s also important to consider whether the establishment continued to serve a patron despite clear signs of impairment.
After investigating the events leading up to the accident, Butler Prather LLP can file a claim against negligent servers, managers, and business owners. Initially, a claim is filed once sufficient evidence is gathered. If settlement negotiations stall or fail, Butler Prather LLP won’t hesitate to take your case to court.
The legal process in a dram shop case follows a structured timeline. A lawsuit begins with a complaint filed in court, followed by a period of discovery where both sides exchange information and evidence. Pre-trial motions and hearings may occur to try and resolve the case before it goes to trial. If these efforts are unsuccessful, the case proceeds to trial, where a judge or jury examines the evidence and hears arguments from both parties before rendering a verdict.
Contact Our Atlanta Dram Shop Liability Lawyers
Dram shop laws and alcohol provider liability are complex areas of Georgia law. They only come into play in very specific circumstances. Seek help from the Atlanta injury lawyers at Butler Prather LLP for these types of claims.
Call (706) 322-1990 to schedule a free case evaluation today.