Under Georgia's dram shop liability law, an owner of an establishment that sells alcohol to the public -- e.g., a bar, restaurant, night club or liquor store -- as well as a social host serving drinks to invitees on his or her premises can be found liable for damages attributed to the conduct of the customer or guest.
Persons who are injured by such conduct -- for example, drunk driving -- can file a civil lawsuit against the server or ultimate owner of an establishment, provided that the person drinking was supplied more alcohol after already being visibly intoxicated.
The workings of the law were amply borne out recently by the determinations of a DeKalb County jury. The jury ruled that the owners of a night club where a man was drinking must pay $1.75 million in damages to the family of a woman who died after the man left the club and killed her in a drunk driving accident.
The owners of Club Blaze, the establishment found liable, say that they will appeal the award, based on their view that it was never proven that the man was actually in their club.
Co-owner David Whorton calls the accident that occurred in July 2008 "terrible," but says that, "I truly believe that Club Blaze is not guilty." Whorton questions whether the man was ever in his establishment, and adds that his bartenders are trained to never serve intoxicated customers.
Related Resource: CBS Atlanta, "Jury awards $1.75 million to drunk driving victim's family" Sept. 20, 2011
