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DRAM Shop Liability
Georgia Code section 51-1-40 outlines what is known as the Dram Shop Law, which is intended to hold alcohol vendors and proprietors responsible for serving overly intoxicated individuals or minors.
Under this statute, if a person is injured in a drunk driving accident, he or she can file a suit against an establishment that sold alcohol to the intoxicated driver if:
- Alcohol was knowingly served to a minor under 21
- Alcohol was knowingly served to someone who was “noticeably intoxicated”
- The employee of the establishment knew that the intoxicated individual or minor would be driving
The term “dram shop” refers to bars, restaurants or liquor stores—any establishment that sells alcohol. Its origin is historical, as alcohol was once served in measurements called drams.
Dram Shop and Your DUI DefenseWhile the Dram Shop Law makes it possible for a suit to be filed against an establishment that served alcohol, it does not come into play in a DUI case. There are, however, other avenues that an experienced defense attorney can explore that also relate to liability. You will need to work closely with your attorney so that he or she can understand all of the ins and outs of your case in order to build the most effective defense possible.
If you are facing any alcohol-related charges in Georgia, the experienced team at Kohn & Yager can help. Contact our office today to schedule a free and confidential review of your case.
