What Is Dram Shop Liability in Georgia?
Short answer: Dram shop liability is a claim against a business or person that served alcohol to someone who then caused a crash. Georgia allows it only in narrow situations: knowingly serving a noticeably intoxicated person, or willfully and unlawfully serving someone under 21, while knowing that person will soon be driving.
Definition
“Dram shop” is an old term for a bar, from the days when liquor was sold by the dram, a small unit of measure. Dram shop liability makes an alcohol provider share responsibility for harm caused by the person it served. Georgia’s rule is in O.C.G.A. § 51-1-40.
How it works in Georgia
- General rule: no liability. The statute declares that drinking alcohol, not serving it, is usually the proximate cause of the harm (§ 51-1-40(a)).
- Noticeably intoxicated adults. A provider who knowingly serves someone in a state of noticeable intoxication, knowing that person will soon be driving, may be liable (§ 51-1-40(b)).
- Underage drinkers. A provider who willfully, knowingly and unlawfully serves someone under 21, knowing that person will soon be driving, may be liable. Relying on an ID showing the person was 21 or older is rebuttable proof that the service was not willful and unlawful (§ 51-1-40(b), (c)).
- The drinker cannot sue the provider for their own injuries (§ 51-1-40(b)).
- Who counts as a provider. The statute covers any person who sells, furnishes or serves alcohol, which can include a social host.
Example
A customer at a Midtown Atlanta restaurant bar is slurring his words and stumbling, and he mentions he is driving home. The bartender keeps serving him. Minutes later he crosses the center line on Peachtree Street and hits your car. You may have a claim against the driver and a dram shop claim against the restaurant.
Why it matters for your claim
- A bar or restaurant may carry more insurance than the driver.
- Receipts, surveillance video and witness accounts of what staff could see are key evidence, and they can disappear quickly.
- The jury may divide fault between the driver and the provider (§ 51-12-33).
Read more: Understanding Georgia’s dram shop laws and Game-day DUI crashes and dram shop claims.
Related terms
Frequently Asked Questions
Can I sue a bar if I was the one drinking?
No. Georgia’s dram shop statute does not let the person who drank recover from the provider for their own injuries.
How do you prove someone was noticeably intoxicated?
Usually with evidence of what the server could see: slurred speech, stumbling, aggressive behavior, and the number and timing of drinks shown on receipts and video.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
