Have you been hit by a drunk driver? Then you may have two cases for Decatur, Georgia personal injury attorney Andrew Lynch to help you with. One of course against the driver who hit you, but in the State of Georgia you may also have a case against the restaurant or bar that sold them the drinks.
According to Georgia Law, if a restaurant or bar sells a drink to a person under the legal drinking age who they suspect may be driving in the near future, then that restaurant or bar may be liable for any damage that this underage person may cause. Similarly, if a restaurant or bar sells drinks to a person who is “in a state of noticeable intoxication” and who may soon be behind the wheel of a car then the restaurant or bar is also liable for any damage that this person may cause. This is known as Dram Shop Liability.
More simply put, places that serve alcohol have a duty to those on the roads to make sure those who drive away from their store are able to do so safely. If they are negligent in this duty and as a result you are injured or worse, then they owe you for the damage that this negligence may have caused.
Of course, proving Dram Shop Liability is no simple task. In order to prove that the bar or restaurant that sold the drinks is responsible for the damage caused by the drunk driver, you must be able to prove at least one of the following:
- That the bar or restaurant was aware that a drunk person was going to drive away from their store.
- That the bar or restaurant did nothing to deter this drunk person from driving away from their store.
- That the bar or restaurant served a person who was clearly drunk.
- That bar or restaurant knowingly served a person who was under the legal drinking age.
There are many factors that can lead to a successful Dram Shop Liability case, and many factors that can lead to a failed one. If you have been hit by a drunk driver, then get the representation you deserve and call Decatur, Dekalb County, Georgia personal injury lawyer Andrew Lynch immediately for a free consolation to determine if you have a Dram Shop Liability case.