When Is a Georgia Bar Liable for a Drunk Driving Accident?

We all know the devastation that a drunk driver can cause. This is why a drunk driver can be held both criminally and civilly liable when their decision to operate a motor vehicle under the influence of alcohol leads to the injury or death of another person. Additionally, there are situations where the person who furnished the drunk driver the alcohol they consumed prior to the accident can be held accountable to the victims as well.

Most states, including Georgia, have what are known as “Dram Shop Acts.” Under Georgia’s act, a bar or restaurant is liable in a personal injury claim if they (a) serve alcohol to a person under the age of 21; (b) have actual or constructive knowledge that person will soon be driving a motor vehicle; an (c) the minor causes an accident while subsequently driving a motor vehicle.

Restaurant Faces Personal Injury Claim After Serving Minor Alcohol

The Georgia Court of Appeals recently addressed a Dram Shop Act case brought against a restaurant in Roswell, Georgia. The plaintiff in this case was injured in a rear-end accident caused by a woman with the last name of Gorham, who was under 21 at the time. Gorham was a regular customer at the defendant’s restaurant, in part because they served alcohol without first checking IDs.

In an affidavit, Gorham stated that she drove to the restaurant that night by herself to meet two co-workers. She sat down in a booth and placed her car keys on the table, where they were “visible to the host and waiter.” Her group then ordered a pitcher of frozen margaritas and tequila shots. The defendant’s staff never asked Gorham for her ID. After leaving the defendant’s establishment, Gorham and her group went to another bar. It was after leaving that second bar just before 2 a.m. that the rear-end accident with the plaintiff occurred.

The plaintiff subsequently filed a personal injury lawsuit against Gorham, her parents, and the defendant. The trial judge denied the defendant’s motion to dismiss, finding there were sufficient facts for a jury to conclude that the restaurant should have known “would soon be driving” after they served her alcohol. The Court of Appeals affirmed this ruling.

The appellate court noted that all the plaintiff needed to show here to survive a motion to dismiss was provide evidence that “the provider of alcohol has reason to know that its underage minor patron will soon be driving.” Gorham’s affidavit met that requirement. Among other reasons, her statement that she left her car keys on the table–putting them in “plain view” of the restaurant staff–could by itself establish “constructive knowledge” on the part of the restaurant. Ultimately, it is up to a jury to decide if that was the case.

Contact Hawkins Spizman Trial Lawyers Today

If you have been seriously injured in a motor vehicle accident, there may be multiple individuals and corporate parties who may be responsible for your medical bills, lost income, and other out-of-pocket losses. Our Atlanta personal injury lawyers will be happy to review your case and advise you of your options. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=96a7cff1-e5a7-47c3-baae-fc4b81aff5e1