Under Georgia’s dram shop law, O.C.G.A. § 51-1-40, a bar, restaurant, store or private host can be liable for a drunk driving crash in only two situations: they willfully, knowingly and unlawfully served alcohol to someone under 21, knowing that person would soon be driving, or they knowingly served someone who was noticeably intoxicated, knowing that person would soon be driving. In either case, the serving must be a proximate cause of the crash.
The burden of proof is high, and the evidence that proves these cases, such as bar video and receipts, can disappear within days. If you were hurt by a drunk driver, finding out early where the driver was drinking can make a real difference.
Key Takeaways
- Georgia’s general rule is that drinking, not serving, causes an intoxicated person’s harm. The dram shop statute creates two narrow exceptions.
- A server can be liable for serving a minor or a noticeably intoxicated person, but only if the server knew the person would soon be driving.
- The rule applies to any “person” who sells, furnishes or serves alcohol, including private party hosts.
- The drunk driver cannot use the statute to recover for his or her own injuries.
- Dram shop claims generally follow Georgia’s two-year injury deadline, but bar video and records can be lost much sooner.
What Georgia’s Dram Shop Law Says
The statute starts from the position that the consumption of alcohol, rather than the sale or serving of it, is the proximate cause of injuries an intoxicated person causes. It then sets out two exceptions:
- Serving a minor. The server willfully, knowingly and unlawfully sold, furnished or served alcohol to someone under the legal drinking age, knowing that person would soon be driving a motor vehicle.
- Serving a noticeably intoxicated person. The server knowingly sold, furnished or served alcohol to someone in a state of noticeable intoxication, knowing that person would soon be driving a motor vehicle.
In both situations, the serving must be a proximate cause of the injury or death. You can read the statute on Justia’s Georgia code page, and our legal glossary explains related terms.
Who Can Be Liable
- Bars, nightclubs and restaurants
- Stores and gas stations that sell alcohol, when the sale meets the same test
- Event venues and caterers
- Private hosts at parties and gatherings. Because the statute applies to any person who sells, furnishes or serves alcohol, the same two tests apply to a host who serves a minor or keeps serving a visibly drunk guest who is about to drive.
What Does Not Count
- Serving an adult who was not noticeably intoxicated at the time
- Serving someone without knowing that person would soon be driving
- Harm that did not come from the over-served person’s intoxication. A fight inside a bar, for example, is usually a premises liability or negligent security question instead.
- A claim by the drinker. The statute does not let the person who drank recover from the provider for his or her own injuries.
- For sales to minors, evidence that identification was furnished and acted upon is rebuttable proof that the sale was not willful, knowing and unlawful (O.C.G.A. § 51-1-40(c)).
How a Dram Shop Claim Is Proved
Noticeable intoxication. Evidence can include:
- Slurred speech, stumbling, glassy or bloodshot eyes, and aggressive or erratic behavior
- Bar tabs, receipts and point-of-sale records showing how many drinks were served and when
- Security video from inside the bar and the parking lot
- Testimony from bartenders, servers, other patrons and friends
- The driver’s blood alcohol level after the crash, combined with the timeline
Knowledge that the person would soon drive. Evidence can include:
- The person arrived alone in his or her own car, or used valet parking
- Car keys on the bar, or statements about driving home
- Staff walking the person to a car or into the parking lot
Much of this evidence is gone within days. Video systems overwrite older footage, and staff turn over. An attorney can send a preservation letter right away asking the business to keep its video, receipts and staffing records.
Examples of Possible Dram Shop Liability
- A bar keeps serving a patron who is stumbling and slurring, knowing he drove there. He leaves and causes a serious crash on I-85. The bar may share responsibility with the driver.
- A restaurant serves a 19-year-old without checking ID, knowing she will drive home, and she crashes into another car.
- A host keeps pouring drinks for a guest who is visibly drunk and announcing he is driving home, and the guest injures a pedestrian.
Each example still depends on proof of what the server saw and knew, and on showing that the serving helped cause the crash.
Who Pays and What You Can Recover
In a dram shop case, you may have claims against the drunk driver’s auto insurance and against the establishment’s liability coverage. Georgia divides fault among everyone who caused the harm, and each defendant generally pays its own share (O.C.G.A. § 51-12-33). Your own share of fault, if any, reduces your recovery, and you recover nothing if you are 50% or more at fault.
Depending on the case, damages can include:
- Medical expenses, now and in the future
- Lost wages and lost earning capacity
- Pain and suffering and loss of enjoyment of life
- Vehicle damage and a rental car
- In a death case, wrongful death damages for the family, including the full value of the life of the person who was killed
Punitive damages are generally capped at $250,000 in Georgia, but the cap does not apply against a defendant who acted while impaired by alcohol or drugs, such as the drunk driver (O.C.G.A. § 51-12-5.1). Learn more on our DUI accident and wrongful death pages.
Deadlines for Dram Shop Claims
Dram shop claims follow the same deadline as other Georgia injury claims: generally two years from the injury (O.C.G.A. § 9-3-33), and generally two years from the date of death for a wrongful death claim. Our guide to Georgia personal injury deadlines covers exceptions. Because the evidence fades quickly, the practical deadline to start investigating is much shorter.
What to Do If a Drunk Driver Hits You
- Call 911 and tell police you think the other driver has been drinking.
- Get medical care the same day, even if you feel fine.
- Photograph the scene, the vehicles and your injuries, and get witness names.
- Find out where the driver was drinking. Receipts, witnesses and the police report may point to a bar, restaurant or party.
- Do not give a recorded statement to any insurer before you talk to a lawyer.
- Call a lawyer quickly so bar video and receipts can be preserved.
Our after-the-wreck checklist walks through the first days after a crash.
Frequently Asked Questions
Can You Sue a Bar for a Drunk Driving Accident in Georgia?
Yes, if the bar knowingly served someone who was noticeably intoxicated, or willfully, knowingly and unlawfully served someone under 21, knowing the person would soon be driving, and the serving helped cause the crash. The driver usually remains responsible as well.
Can a Party Host Be Liable for a Drunk Guest?
Yes. Georgia’s dram shop statute applies to any person who serves alcohol, so a host can be liable under the same two tests: serving a minor, or serving a noticeably intoxicated guest, knowing the person will soon drive.
Is There a Cap on Dram Shop Damages in Georgia?
The dram shop statute itself does not cap compensatory damages such as medical bills, lost wages and pain and suffering. Punitive damages follow separate rules under O.C.G.A. § 51-12-5.1, including a general $250,000 cap with exceptions.
How Long Do I Have to File a Dram Shop Claim?
Generally two years from the injury, the same as other Georgia injury claims. Start early, because bar video and receipts can be lost within days.
If a bar or host helped put a drunk driver on the road, both may be responsible. Talk with The Gunn Law Group about what happened. The consultation is free and there is no obligation, and there is no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
