Because of a recent landmark case, Atlanta car accident lawyers can now seek injury and wrongful death damages against retailers who sell closed or packaged alcoholic beverages to drunk drivers who hurt or kill on Georgia roads. The Georgia Supreme Court held in Flores v. Exprezit! Stores 98 - Gerogia, L.L.C., No. S10G1652, that the Georgia Dram Shop Act allows those hurt or killed by drunk drivers to recover damages against convenience stores, grocery stores, mom and pop roadside stores, and other retailers who sell alcohol to those noticeably intoxicated who cause accidents.
Before the Supreme Court ruling, the Dram Shop Act, the law that allows claims against those who sell alcoholic beverages to drunk drivers, only applied to restaurants and bars, or others who actually poured alcohol to drunk drivers. Now Atlanta and Georgia car accident lawyers can pursue retailers, in addition to restaurants and bars, to recover damages for those seriously injured and the families of those killed by drunk drivers. This is extremely important because DUI drivers often have very little or no insurance to satisfy judgments in favor of the injured or killed.
Because this is a Supreme Court case, there are no further appeals that can occur and the decision is now the law of Georgia. Unfortunately, the Georgia General Assembly can rewrite the law and change the language of the statute to specifically not apply to retailers. Until this happens, Georgia car accident lawyers should make sure that in properly investigating the facts surrounding a drunken driving accident, they thoroughly investigate the source of the alcohol, looking to not only restaurants and bars, but also convenience stores and other retailers.
