Drunk driving is a serious concern. If you have been involved in a car accident or truck accident where the responsible party was driving while under the influence (DUI), you may have additional claim against the establishment that over served or allowed the person to purchase the alcohol if the person was already visibly intoxicated. The lawyers at Finch McCranie, LLP have handled cases involving liquor liability, or also known as the Dram Shop Act, for over 50 years. Please contact us today for a free consultation.
Who can be held responsible?
In a car or truck accident case, the usual parties involved in the lawsuit are each of the drivers unless there was some other type of product liability issue. However, if one of the parties is intoxicated or drunk at the time of the crash, the entity that served them may be responsible as well. Under Georgia law, the Dram Shop Act, provides: an establishment that serves someone alcohol is not liable for injuries to the consumer or to third parties with whom the consumer interacts, as long as the entity does not do so negligently. An establishment could be a grocery store, liquor store, restaurant, bar, etc. To find the establishment negligent, it must be shown that the establishment (a) knew the patron was intoxicated and (b) knew that the patron was going to be operating a motor vehicle.
Georgia law has extended liability to a gas station that sold alcohol to a visibly intoxicated man who was going to be driving. Thus, supermarkets, gas stations and other like establishments could also be held liable. In some cases, social hosts, for example those who host parties and allow their driving guests to leave if they know they are intoxicated, may also be liable. The rules are stricter for social hosts and establishments as it applies to serving alcohol to minors.
Contact Us Today for a Free Consultation
If you have been injured as a result of a person who was charged with driving under the influence, you may have a claim against the establishment that over served the driver. Our lawyers understand liquor liability and the potential parties that could also be held responsible for your injuries. Please contact us online or call us at (800) 228-9159 for a free consultation.