There are few events in life that are as disruptive and potentially deadly as an automobile accident. It is bad enough that collisions occur under legal circumstances. But, when accidents occur due to the negligence of an intoxicated driver, the results can be even more devastating.
Georgia lawmakers understand this dilemma for accident victims and have enacted laws that allow injured victims and their families to pursue financial damages when just such a tragedy happens.
Known as dram shop laws, which first began in England, they allow legal counsel for the victims to file lawsuits against establishments or other social hosts when they share in the responsibility for an accident caused by an intoxicated individual that left the property.
These cases are always strongly defended because they are indirect pursuits of damages. If this is the case for you or a loved one, obtaining the expertise of an experienced personal injury attorney could help you win a claim.
Proving Alcohol Was Served
The first step in proving a dram shop liability case is proving alcohol was indeed served at the establishment or function in question before the accident happened. It is important to also note that these laws apply when someone is physically attacked later by an intoxicated patron. The same standard will apply to establish a connection to the incident. This sets the stage for presenting case facts.
Proving Knowledge of Intoxication
Some individuals who consume too much alcohol can hide it very well, and many establishments do not monitor their customers as the law requires regarding behavior of customers. The result is that customers are often served well in excess of what they should be before leaving the building, and some later drive while intoxicated.
The law specifically holds that the employees of the facility or a social host must have knowledge the defendant was inebriated when they left the establishment or that the defendant was a minor. This can clearly be a difficult legal task in some instances, and having the right personal injury attorney can make a major difference.
Connecting Injury to the Defendant Action
The final step in proving a dram shop lawsuit is connecting the actions of the defendant to the injury with allowance for intoxication being a material fact in the case. Had the restaurant or bar not failed in monitoring the actions of the defendant regarding their level of impairment, the injury should have never occurred.
Contacting a Personal Injury Lawyer
Winning a claim against a bar for injuries stemming from an accident is clearly a challenging legal objective, but an experienced personal injury attorney who understands liquor liability laws can help you seek maximum compensation for damages.
Get the experienced attorneys at Marciano & MacAvoy, P.C. in your corner. With over 35 years of collective legal experience, we can help you seek fair and just financial compensation.
Need legal representation? Contact our firm at (215) 960-0789 for a no-fee consultation to discuss your case today.