Under Georgia Law, Is a Bar Owner Liable If an Intoxicated Patron Injures Someone After Leaving in Macon?

Introduction

This article examines Georgia statutes concerning dram shop liability and alcohol service regulations in the context of injuries caused by intoxicated patrons.

Scenario

A patron consumes multiple alcoholic beverages at a bar on Cherry Street in downtown Macon, Georgia. Bar staff continue serving the patron despite visible signs of intoxication. The patron leaves the establishment, attempts to drive, and collides with another vehicle on Riverside Drive. The collision causes injuries to the other driver. Security footage shows the patron stumbling and slurring speech before being served additional drinks.

Georgia Law

Dram Shop Liability

Georgia Code § 51-1-40(b): “A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage.”

Service to Noticeably Intoxicated Persons

Georgia Code § 3-3-22: “No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person’s employ to furnish any alcoholic beverage to any person who is in a state of noticeable intoxication.”

Criminal Penalties for Serving Intoxicated Persons

Georgia Code § 3-3-9: “Any person who violates any provision of this title or any rule or regulation issued by the department pursuant to this title for which no other penalty is specifically provided shall be guilty of a misdemeanor.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes an intoxicated patron causing injuries after leaving a Macon, Georgia bar. Georgia Code § 51-1-40(b) establishes dram shop liability requirements. Georgia Code § 3-3-22 prohibits serving noticeably intoxicated persons. These statutes establish the framework for bar owner liability under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-40(b) state about dram shop liability? A: Georgia Code § 51-1-40(b) creates liability when someone “willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle.”

Q: What does Georgia Code § 3-3-22 prohibit? A: Georgia Code § 3-3-22 states: “No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person’s employ to furnish any alcoholic beverage to any person who is in a state of noticeable intoxication.”

Q: What must be proven for dram shop liability under Georgia law? A: Georgia Code § 51-1-40(b) requires the sale or service to be “the proximate cause of such injury or damage.”

Q: Where are alcohol service laws found in the Georgia Code? A: Alcohol service laws are found in Georgia Code Title 3, Chapter 3, and dram shop liability in Title 51.

Q: Does Georgia’s dram shop law require knowledge of driving? A: Georgia Code § 51-1-40(b) requires “knowing that such person will soon be driving a motor vehicle.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.

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