Georgia Restaurateurs Subject of Dram Shop Claim in Federal Court

September 06, 2012 (Press-News.org) Georgia Restaurateurs Subject of Dram Shop Claim in Federal Court

The Neighborhood Dining Group operates a series of popular restaurants that feature some of the finest selections Southern dining has to offer. Moreover, what would a good Southern meal be without an accompanying cocktail?

However, while one or two aperitifs may enhance the dining experience, things can get out of control quickly when alcohol is over-served to a patron about to drive. This is just what the family of Quentin Miller is alleging in the crash that took his life earlier this year.

Victim's Family Believes Driver Was Allowed to Drink After Work

Adam Joseph was working as an assistant manager for the Neighborhood Dining Group when the incident in question took place. What is known is that a substantial amount of alcohol was detected in Joseph's system after he collided with Quentin Miller's vehicle, setting it aflame and sending it spinning into a barrier. How Joseph became intoxicated is one of the primary questions in the lawsuit filed by Miller's family.

The family claims that the Neighborhood Dining Group allowed Joseph to remain on their premises after normal bar close and drink excessively into the night. For their part, the restaurant owners deny the claims, and say that they are not responsible for Joseph's actions that took place outside the scope of his employment. If a judge or jury ultimately sides with Miller's family, the Neighborhood Dining Group could be found liable for wrongful death.

The Anatomy of a Georgia Dram Shop Claim

The Miller case is a dram shop claim with a twist: normally, dram shop claims concern over-served customers at a bar, restaurant or tavern rather than employees. Still, it bears most of the marks of a typical dram shop lawsuit.

Essentially, under Georgia law, a dram shop claim is a civil lawsuit against any person or business that wrongfully serves alcohol to someone, the result of which is injury or death. The victim in a dram shop claim is usually a third party who is injured or killed in a drunk driving accident caused by the person who was over-served. "Dram" is a historical term for a small measure of liquor, usually gin, and is the origin of the name "dram shop claim."

Most dram shop claims are not as simple as they may appear at first glance. Georgia statutes limit dram shop liability for drunk driving injuries to a substantial degree. Servers of alcohol may only be held financially responsible for an accident if they provided alcohol to a minor or to someone who was noticeably intoxicated, they knew that the person would soon be driving a motor vehicle, and the serving of alcohol was the "proximate cause" of the injury (in other words, the provision of alcohol was sufficiently related to the harm that resulted).

Has a Drunk Driver Impacted Your Life? Compensation May Be Available From Whoever Furnished the Alcohol

If you were injured in a drunk driving accident, or if a family member was killed, it is possible that a server of alcohol is at least partly to blame. Sometimes, full compensation is not collectable from the drunk driver, but may be furnished by the establishment or individual responsible for over-serving. Get in touch with a Georgia dram shop liability attorney today to learn more about collecting the full monetary damages you deserve.

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