A Nashville, TN DUI crash victim is suing the driver who struck him while DUI, as well as the bars who had served the driver on Christmas Eve 2012. According to the story, published on wrcbtv.com, the bars, Miss Kelli’s Karaoke and Bourbon Street Blues and Boogie Bar are facing liability for the driver’s medical expenses, lost wages, physical and emotional pain, and loss of capacity for the enjoyment of life.
Opinions are divided on the issue of whether establishments over serving patrons should be held responsible for the person’s later actions. Dewayne Holman, who teaches required classes for bartenders serving alcohol, warns their is no excuse for continuing to serve an intoxicated person. However, another man quoted in the article seems to sympathize with the bars, who rarely have extended interactions with patrons and often see them for “a fraction of a second”.
Georgia Dram Shop Act Allows DUI Victims to Sue
While this story should certainly be a reminder to bars and establishments serving alcohol that they can be held responsible, this concept is not new, nor limited to Tennessee. In Georgia, the “Dram Shop Act” allows for those injured by DUI drivers to file lawsuits when two conditions are met: (1) that the bar or establishment knowingly served the person while they were in a visible state of intoxication, and (2) the establishment must or should have known the driver would soon be driving.
If you have questions about Georgia’s laws on suing bars, establishments, or homes who have overserved a DUI driver, call me today directly at (404) 590-6642.