The term “dram shop” appears periodically in this blog in reference to drunk driving accidents. Some readers may have wondered where the term comes from and what it means.
The term “dram shop” originates from 18th-century Britain, where a “dram” was a small unit of alcohol measurement, about 3/4 of a teaspoon. Establishments that sold alcohol in such small quantities were known as dram shops. Over time, the term has evolved and now refers to any business that sells alcoholic beverages, such as bars, restaurants and liquor stores.
What is the relevance to Georgia?
In Georgia, the legal concept of a dram shop has significant implications due to the state’s Dram Shop Act. This law holds businesses that serve alcohol responsible if they serve a visibly intoxicated person or a minor who then causes injury or damage due to their intoxication. The act is designed to promote public safety by preventing alcohol-related accidents, particularly those involving drunk driving.
The importance of the Dram Shop Act lies in three key areas. Primarily, by holding establishments accountable for over-serving alcohol, the law aims to reduce drunk driving accidents, which pose a significant risk to the public.
Second, the act provides a legal avenue for victims of alcohol-related accidents to seek compensation by holding bars or restaurants accountable after they have served a visibly intoxicated driver.
Finally, the Dram Shop Act can act as deterrence. The possibility of facing financial and legal consequences serves as a deterrent to businesses, which encourages them to serve alcohol responsibly.
Proving it
To successfully bring a claim under Georgia’s Dram Shop Act, a plaintiff must prove that the establishment served alcohol to someone who was visibly intoxicated or underage. They must also prove that the establishment knew or should have known the person would soon be driving. And, they must prove that the intoxication directly caused the accident or injury.
Georgia’s Dram Shop Act plays a crucial role in ensuring responsible alcohol service and providing recourse for those affected by alcohol-related incidents.