Navigation Understanding Georgia’s Dram Shop Laws
Dram shop laws pertain to the liability of bars, clubs, liquor stores, and other commercial establishments in cases where they have served alcohol to visibly intoxicated persons or minors who subsequently cause injury or damage. Under these laws, if such establishments knowingly serve alcohol to someone who is clearly drunk or if they unlawfully provide alcohol to a minor, they can be held legally accountable for any harm that results from the intoxicated or underage person’s actions. This legislation aims to reduce alcohol-related accidents and injuries by encouraging responsible serving practices.
Some states have separate statutes for dram shop and social host liability. Georgia, however, combines both theories of liability into a single statutory scheme, regardless of whether the alcohol provider is a business or a private individual. Under Georgia’s Dram Shop Act, a company or individual who knowingly serves alcohol to a visibly intoxicated person, who then causes injury or damage, can be held liable. In addition, this law applies to hosts or individuals who serve alcohol in a non-commercial setting, like a private party. In Georgia, the scope of social host liability is generally more limited than the liability of commercial establishments. The law may hold a social host liable if they knowingly serve alcohol to a minor who then causes harm. However, serving alcohol to an intoxicated adult who then causes harm typically may sometimes not result in social host liability in Georgia.
Georgia’s dram shop laws are outlined under the Official Code of Georgia Annotated (O.C.G.A.), specifically within sections 51-1-40. Here is a detailed discussion of the dram shop laws in Georgia:
