When a person driving under the influence severely injures someone, we often think they are fully at fault. However, did you know that in some cases, the fault can also fall on the bar, restaurant or store that sold alcohol to the driver?
This concept, known as dram shop liability, is a key part of Georgia law that can affect severe injury cases linked to alcohol use.
What is Georgia’s dram shop law?
Georgia law outlines two main scenarios where alcohol providers can be held liable:
- Serving alcohol to minors (under 21 years old): This helps protect young individuals who may lack the maturity to make responsible choices about drinking.
- Knowingly serving alcohol to a person who is noticeably drunk and will soon be driving: This refers to situations where providers continue to serve alcohol to visibly impaired individuals, posing a risk to public safety.
It’s important to know that this law covers many places, including bars, restaurants, liquor stores, and even hosts at-home parties. The main point in these cases is whether the seller “knowingly” gave alcohol in these situations, meaning they knew or should have known about the person’s age or how drunk they were. The burden of proving these circumstances falls on the person filing the claim.
Compensation for severe injuries
If the court finds the alcohol provider liable for the injury, the plaintiff may receive various types of compensatory damages. These can include:
- Medical expenses
- Lost wages (including loss of future earning capacity)
- Pain and suffering
- Loss of enjoyment of life
In cases of extreme negligence, the court may also award punitive damages. However, it’s important to note that these are subject to specific caps and requirements under Georgia law.
Know your rights
A severe injury can turn your world upside down. When an alcohol-related incident disrupts your life or that of a loved one, you need more than just medical care – you need answers and support. Remember that you can take control of your situation and seek the legal guidance you deserve.