Hit by a Drunk Driver? Why the Bar May Be Responsible
When you get injured by a drunk driver, going after that driver’s insurance may be the most obvious way to obtain compensation. The problem? It may not fully cover your damages and losses. Fortunately, the driver’s insurance may not be the only source of compensation in a drunk driving accident.
When exploring your legal avenues for recovery, you should consider where the driver got drunk before the accident. If it was a bar, nightclub, restaurant, or another alcohol-serving establishment, you could pursue a claim under dram shop liability law. At Kyle H. Jarzmik Law, the car accident attorney in Atlanta, Georgia, helps accident victims hold all liable parties accountable. The law firm has an office in Atlanta but serves clients throughout the state, including Cobb County, Fulton County, Douglas County, Carroll County, Coweta County, and surrounding areas.
Dram Shop Liability Law
The dram shop liability law is a legal principle that holds alcohol-serving establishments accountable for the actions of their patrons. If a bar, restaurant, or another venue serves alcohol to an already intoxicated person or a minor, and that person subsequently causes harm, the establishment may be legally liable. This law aims to curb irresponsible alcohol service and protect the public from alcohol-related harm.
Historically, the term "dram shop" comes from 18th-century English taverns, where alcohol was sold by the dram – a small unit of liquid measure. Today, the law encompasses various alcohol-serving entities, focusing on their duty to serve responsibly. The primary objective of dram shop liability law is to encourage better oversight and reduce incidents of drunk driving and related accidents.
For victims, dram shop liability law provides an additional avenue for seeking compensation beyond the drunk driver, offering a broader scope for justice and financial recovery.
Who Does the Dram Shop Liability Law Apply To?
The dram shop liability law primarily targets businesses that serve alcohol, such as bars, clubs, restaurants, and even liquor stores. However, the law's reach can extend to other entities involved in the distribution and sale of alcoholic beverages. This includes banquet halls, event organizers, and caterers who provide alcohol at parties and gatherings.
While the exact rules depend on jurisdiction, an establishment must have served alcohol to an intoxicated person or a minor – knowing or should have known about their condition/age – to be held liable under this law. The liability is not automatic; it hinges on proving that the establishment knowingly contributed to the intoxication that led to the harm. Evidence such as eyewitness testimonies, surveillance footage, and receipts can play a pivotal role in establishing this connection.
The Time Limit to Sue Establishments
Like all injury actions, claims under dram shop liability law are subject to specific time limits known as statutes of limitations on personal injury claims. These time frames vary by state and can impact a victim's ability to seek compensation. In some states, the statute of limitations for filing a dram shop claim is shorter than other personal injury claims, often ranging from one to three years.
Delaying legal action can result in not only the loss of the right to sue the bar or another liable establishment, but also the loss of valuable evidence and witnesses, which can substantially weaken the case. Consulting with an attorney as soon as possible ensures that all necessary steps are taken within the appropriate time frame.
In addition to state-specific statutes, some jurisdictions may have additional requirements, such as providing notice to the establishment within a certain period. Missing these deadlines can jeopardize the entire claim, which underscores the importance of timely legal advice and action.
What About Social Hosts?
While dram shop liability law primarily targets commercial establishments, social hosts can also bear responsibility under certain circumstances. Social host liability refers to holding private individuals accountable for serving alcohol to guests who subsequently cause harm. This can apply to house parties, family gatherings, and other social events where alcohol is served.
The specifics of social host liability vary by state. Some states impose strict liability on social hosts for serving minors, while others extend liability to serving visibly intoxicated adults. The key factor is whether the host knew or should have known about the guest's condition and the potential risks involved.
For victims, social host liability offers another avenue for seeking compensation. However, proving negligence in these cases can be challenging, requiring thorough investigation and knowledge of legal procedures. Working with an attorney experienced in drunk driving accident claims can help uncover critical evidence and build a compelling case against the social host.
What Is the Dram Shop Liability Law in Georgia?
In Georgia, the dram shop liability law is particularly relevant for victims of drunk driving accidents. Under Georgia Code § 51-1-40, an establishment can be held liable if it knowingly serves alcohol to a person who is visibly intoxicated, knowing that the person will soon be driving a vehicle. Additionally, the law applies to serving alcohol to minors under the age of 21.
Georgia's statute provides a clear framework for pursuing claims against negligent establishments. To succeed, the victim must prove that the establishment's actions directly contributed to the intoxication that caused the accident. This requires demonstrating that the staff knew or should have known about the patron's intoxicated state and the likelihood of them driving. The second component can be tough to prove and may require the assistance of an attorney.
Georgia’s dram shop liability law is unique because it applies equally to both dram shop suppliers (restaurants, bars, liquor stores, etc.) and individuals considered as “social hosts” under the law.
Explore All Your Legal Avenues for Compensation
When you get injured or lose a loved one in an accident with a drunk driver, your first course of action would most certainly be filing a claim with the driver’s insurance. However, you shouldn’t limit your financial recovery to the insurance claim for two reasons. First, insurance policies have limits. Second, considering how insurance companies evaluate the value of a claim, fighting for fair compensation may be a tough battle.
With a dram shop liability claim, you can expand the scope of liability in your case and maximize your financial recovery. The detail-oriented attorney at Kyle H. Jarzmik Law can help you explore all your legal avenues for compensation and ensure those who served or supplied alcohol to the drunk driver are held responsible. Contact the law firm today to set up a consultation and get a realistic assessment of your case.