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Civil Causes of Action – Dram Shop Act
Dram shop liability laws hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people (or, in some cases, to themselves). These laws are established at the state level through common law, legislation, or both. States’ dram shop laws vary from state to state, with alcohol sellers in different states exposed to varying degrees of liability. Dram shop laws can be particularly important in preventing alcohol problems. The few studies that have been done to date on dram shop liability laws’ impact on the alcohol serving environment and on alcohol-related injury indicate that these laws can be effective.
The statutory duty not to sell or deliver alcoholic beverages to intoxicated persons applies to and is intended to protect, among others, the intoxicated patron. However, an intoxicated person may recover against a licensed vendor of alcoholic beverages for personal injuries, property damage or consequential damages arising out of the service of alcohol only if the proprietor acted in a willful, wanton or reckless manner in serving the patron alcohol. The statutes are also intended to protect members of the general public. Accordingly, a tavern keeper who sells alcoholic beverages to an intoxicated patron may be held civilly liable to a third party who is injured by the intoxicated person.
The following is a link to an example of Dram Shop law for Georgia:
http://www.legis.state.ga.us/legis/GaCode/index.htm————————-
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