Holding Bars and Restaurants Accountable: Dram Shop Laws and Liability for Drug-Impaired Accidents

• February 14, 2025
• Attorney David Mann
• Premises Liability

When a person leaves a bar after enjoying many cocktails, gets into his car, and hurts (or kills) another person in a drunk driving accident, who should be held liable?  In some states, the establishment that continuously sold alcohol to an apparently drunk individual could be a responsible party in terms of liability.  These are called dram shop laws, and the penalties and liabilities differ from state to state.

But do dram shop laws apply to drugs too?  With the increased proliferation of legalized drugs like marijuana, a question arises about drug-impairment and the liability of those who supply the drugs to someone who subsequently causes a car accident due to their impairment.  In this blog post, we will discuss the topic of holding bars and restaurants accountable: dram shop laws and liability for drug-impaired accidents.

Dram Shop Laws: An Overview

Generally speaking, dram shop laws hold a liquor-service establishment liable if they serve alcohol to a clearly intoxicated patron or if the customer is underage, and that person causes a car accident due to their intoxication.  Depending on the state, it may be harder to prove liquor establishment liability.

Even though this blog post is focused on bars and restaurants, Georgia law also states that if someone was at a party and was served alcohol by the host, then causes an accident due to their intoxication, the party’s host can be held liable under the so-called “social host” law.

An important part of dram shop laws is that the establishment can only be held liable only if they know that the patron will soon be driving.  If the bartender at the establishment knows that the patron arrived at the party by taxi or ride-share, they may assume that the customer will not be getting behind the wheel of a car.

Expanding Dram Shop Laws to Include Drug Impairment

At the present time, Georgia law states that injured parties can collect damages from establishments only if the person was under the influence of alcohol.  While a driver can be arrested for being under the influence of drugs, the establishment or person who supplied the drugs cannot be held liable if the drug purchaser causes an accident.

However, one would think that the dram shop laws will be extended in the future to include drug impairment.  As more states and cities legalize marijuana, which may be sold in retail stores, it only makes sense that the drugs will be added to dram shop laws. As of the date of this blog post, cannabis is illegal in Georgia for recreational use, but major cities in the state have decriminalized marijuana use.

Liability for Bars and Restaurants in Drug-Impaired Accidents

Georgia’s dram shop liability law states that an injured person can bring a damages claim against a business that served alcohol and resulted in their injuries if one of the following requirements is met:

• They knowingly serve alcohol to an underage person and that they know that the minor will be driving a vehicle soon after
• They serve alcohol to a person they can tell is drunk and they know that this person will soon be driving a vehicle.

In order to prove that the establishment should be held liable, the injured person must show that they were negligent in their actions.  There are four elements that must be proven in order to show that someone is negligent:

• Duty of Care – This means that the establishment has a duty to make sure the patrons in their bar or restaurant are of legal age and they make sure they are not serving alcohol to those already intoxicated.
• Breach of Duty of Care – This means that the establishment did not exercise their duty of care by not properly checking for IDs (or not checking at all) or continued to serve alcohol to someone who was visibly intoxicated.
• Causation – The injured person must prove that the accident was caused by drunk driving.
• Damages – The plaintiff must show that they suffered damages as a result of the accident in order for an establishment to be held liable.

Protecting Your Rights as a Victim

If you or a family member has been injured in a drunk-driving accident, you have to protect your rights.  Filing a claim against the individual who caused the accident is the usual way to obtain compensation.  However, if that person was at a bar or a party and you can prove the liability factors outlined above, you may have a valid dram shop claim against the establishment that served this intoxicated driver.

If your injuries are serious, you deserve to be compensated.  You can collect damages for medical bills, lost wages (present and future), and pain and suffering.  You shouldn’t have to suffer financially as a result of someone else’s actions, especially in drunk driving cases where the accident could have been avoided if better decisions were made.

We hope that this blog post has helped you understand the laws for holding bars and restaurants accountable for serving patrons alcohol.  You shouldn’t have to suffer because of the negligent choices of a bar or restaurant.

Contact The Mann Law Firm Today To Discuss Your Dram Shop Claim.

The attorneys at the Mann Law Firm are well-versed in Georgia dram shop laws and have experience seeking compensation from bars and restaurants who negligently sell alcohol to underage patrons or those who are visibly intoxicated.  Your attorney will probably be dealing with insurance companies throughout the claim process.  Attorney David Mann used to work as in-house defense counsel for a large insurance company, so he knows the tactics they use to settle claims for less than they are worth.  At the Mann Law Firm, you come first.  We will be there for you during every step of your claim and we do not collect a penny unless you are compensated.  So, give us a call at (478) 742-3381 today to discuss your dram shop case.