A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.
This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.
The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.