dram shop laws

It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the right to go to court and seek enforcement of the original settlement.

Barnes v. Martin-Pierce

This is exactly what happened in a recent case before the Georgia Court of Appeals, Barnes v. Martin-Prince. This case involves a fatal 2014 car accident. The defendant in this case was driving her car when she “crossed over the centerline of the highway into oncoming traffic and collided with” another vehicle, according to court records. The driver of the other vehicle, a 62-year-old man, died from his injuries. Police later arrested the defendant for DUI and vehicular manslaughter. She would plead guilty to those charges and receive a seven-year prison sentence.

Is a bar owner responsible if a patron has too many drinks and subsequently gets into a car accident that injures an innocent third party? In some cases, the answer is “yes.” Like many states, Georgia has a dram shop law that applies to anyone who “sells, furnishes, or sells alcoholic beverages.”

An accident victim can sue the alcohol seller if three conditions are met. First, the seller must serve alcohol to a patron “who is in a state of noticeable intoxication.” Second, the seller must know that said patron “will soon be driving a motor vehicle.” Finally, this service of alcohol is the “proximate cause” of the victim’s injuries.

Barnes v. Smith

Articles Tagged with dram shop laws

Ga. Court of Appeals Rules Family Accepted Binding Settlement Offer Arising From Fatal 2014 Accident

Georgia Court Rejects “Negligent Supervision” Claim Against Bar Owner Following DUI Accident