Dram Shop Claims

Drunk driving is one of the most dangerous practices on the roadways and can lead to serious injury. The attorneys at Slappey & Sadd have extensive experience representing plaintiffs who have been injured in drunk-driving incidents. Often, people drive drunk because they are over-served at a bar, restaurant, or another establishment. In these cases, the person injured (or personal representatives of the injured person) may be able to seek recovery from the establishment that over-served the driver. These types of claims are known as “dram shop” claims.

Dram shop laws are state statutes that impose liability for the negligent acts of intoxicated patrons on those who sell them alcoholic beverages. This essentially means that an established can be found liable for over-serving a person who engaged in the act of driving while intoxicated. These types of claims are based on the general idea that bars, restaurants, liquor stores, and any other establishments that sell alcoholic drinks owe the public the duty of ensuring that their patrons do not become so intoxicated that they cause injury to other members of the public. There are two main types of dram shop claims: first party claims and third party claims. First party dram shop claims are claims brought by the intoxicated person against the bar for their own injuries. Third party dram shop claims are claims brought by members of the public against the bar for injuries caused by the intoxicated patron. Bringing a Dram Shop Claim in Georgia

The attorneys at Slappey & Sadd have extensive experience bringing dram shop claims against bars, taverns, restaurants, and other establishments that serve alcohol. In Georgia dram shop liability attaches in two distinct instances:

1. When any person serves alcoholic beverages to any underage person that the server knows will soon be driving a car, and
2. When any person serves alcoholic beverages to any person who is visibly intoxicated that the server knows will soon be driving a car.

Notice that Georgia’s dram shop law imposes liability on “anyone” who furnishes alcohol in these manners, including social hosts. Thus, if you have been injured by a drunk driver, there is a very little limit on whom you can bring a dram shop claim against. Also be aware that Georgia’s dram shop law is a “third party” dram shop law — it allows people who are injured by a drunk driver to sue, but it does not permit the drunk driver to sue for his or her own injuries.

As plaintiff’s attorneys, the lawyers at Slappey & Sadd will protect your interests if you are injured by a drunk driver. If the driver who injured you was over-served by a bartender, waiter, or social host, you may be able to recover through a dram shop claim. Please contact the attorneys at Slappey & Sadd at 404.255.6677 for a free consultation to discuss your case. We serve the entire state of Georgia, including Atlanta, Marietta, and Smyrna.