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Can I file a claim against the store that sold beer or other alcohol to the driver who caused my auto accident?

Published February 12, 2018 by Bruce Millar

Yes. Under Georgia’s “Dram Shop Act,” you may have a claim against a person or business that served alcohol to a driver who caused an accident. O.C.G.A. 51-1-40.

In Georgia, the owners of bars, restaurants, convenience stores and other businesses can be held liable under the Dram Shop Act if you can establish:

  • The seller knowingly furnished alcoholic beverages to a person who was noticeably intoxicated or to a minor (person under age 21);
  • The seller did so while knowing the person would soon be driving; and
  • The seller’s act of furnishing the alcohol proximately caused your injuries.

Many cases involving Dram Shop Act liability are large and complex. Conducting a thorough and fast investigation is a key to success. In one case, The Millar Law Firm recovered more than $1.75 million after we discovered that a bar owner erased a video recording that would have shown the drunk driver consumed more than eight drinks in less than 90 minutes.

Please read our page on Dram Shop Act Liability to learn more.

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