Dram Shop Liability Complaint - Georgia

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Furnishing to Noticeably Intoxicated Person (O.C.G.A. § 51-1-40)
6. Count II - Furnishing to Underage Person (O.C.G.A. § 51-1-40)
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE SUPERIOR COURT OF [________________________________] COUNTY
STATE OF GEORGIA

[________________________________],
Plaintiff,

v.

[________________________________] (d/b/a [________________________________]),
Defendant(s).

Civil Action File No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________] County, Georgia, and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Provider Defendant") is a person or entity that sold, served, or furnished alcoholic beverages to the Intoxicated Person, operating as [________________________________], located at [________________________________], Georgia.

3. [________________________________] (hereinafter "Intoxicated Person") was at all relevant times a patron who was served alcoholic beverages by the Provider Defendant.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to the Georgia Constitution, Art. VI, Sec. IV, Par. I.

5. Venue is proper in [________________________________] County, Georgia, on the following applicable basis (select and complete one): ☐ Provider Defendant is an individual residing in this County (Ga. Const. art. VI, § II, para. VI); ☐ Provider Defendant is a domestic corporation or authorized foreign corporation, the cause of action originated in this County, and venue is proper under O.C.G.A. § 14-2-510(b)(4); ☐ Provider Defendant is a joint tortfeasor with a defendant residing in this County, and O.C.G.A. § 9-10-31(b) applies; ☐ other entity or venue basis: [________________________________].

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Intoxicated Person was present at the Provider Defendant's establishment at [________________________________].

7. The Provider Defendant, through its agents, employees, or servants, sold, served, or furnished alcoholic beverages to the Intoxicated Person.

8. At the time of service, the Intoxicated Person was noticeably intoxicated, as evidenced by:

☐ Slurred speech
☐ Unsteady gait or impaired balance
☐ Glassy, bloodshot, or unfocused eyes
☐ Aggressive, belligerent, or erratic behavior
☐ Impaired motor coordination
☐ Strong odor of alcohol
☐ Other: [________________________________]

9. At the time of furnishing, the Provider Defendant knew that the Intoxicated Person would soon be driving a motor vehicle, as evidenced by:

☐ The Intoxicated Person arrived by motor vehicle
☐ The Intoxicated Person's car keys were visible
☐ The Intoxicated Person stated intent to drive
☐ The Provider Defendant's staff observed the Intoxicated Person's vehicle in the parking lot
☐ The establishment is located in an area accessible primarily by motor vehicle
☐ Other: [________________________________]

10. Despite this knowledge, the Provider Defendant continued to serve alcoholic beverages.

11. Following service, the Intoxicated Person operated a motor vehicle and [________________________________] [describe the collision or injurious conduct].

12. As a direct and proximate result, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - FURNISHING TO NOTICEABLY INTOXICATED PERSON (O.C.G.A. § 51-1-40)

13. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

14. Pursuant to O.C.G.A. § 51-1-40(b), a person who knowingly sells, furnishes, or serves alcoholic beverages to someone who is noticeably intoxicated, knowing that person will soon drive a motor vehicle, may be liable when that service proximately causes injury or damage.

15. The Provider Defendant knowingly sold, furnished, or served alcoholic beverages to the Intoxicated Person, who was noticeably intoxicated at the time of service.

16. The Provider Defendant knew that the Intoxicated Person would soon be driving a motor vehicle.

17. The Provider Defendant's sale, furnishing, or service of alcohol was a proximate cause of Plaintiff's injuries. The Intoxicated Person's operation of a motor vehicle while intoxicated was also a proximate cause.

COUNT II - FURNISHING TO UNDERAGE PERSON (O.C.G.A. § 51-1-40)

18. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

19. At the time of service, the Intoxicated Person was under the legal drinking age, being [____] years old.

20. Under O.C.G.A. § 51-1-40(b), a person who willfully, knowingly, and unlawfully furnishes alcoholic beverages to someone under the legal drinking age, knowing that person will soon drive, may be liable for resulting injury when the furnishing proximately causes it.

21. The Provider Defendant willfully, knowingly, and unlawfully furnished alcoholic beverages to the underage person, with actual knowledge that the person would soon drive a motor vehicle.

22. The Provider Defendant's sale, furnishing, or service of alcohol was a proximate cause of Plaintiff's injuries. The underage person's operation of a motor vehicle while intoxicated was also a proximate cause.

DAMAGES

23. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses: $[________________________________]
☐ Past and future lost wages and earning capacity: $[________________________________]
☐ Pain and suffering: $[________________________________]
☐ Mental anguish and emotional distress: $[________________________________]
☐ Loss of enjoyment of life: $[________________________________]
☐ Property damage: $[________________________________]
☐ Punitive damages as warranted
☐ Other: [________________________________]

JURY DEMAND

24. Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment against Defendant(s) and in favor of Plaintiff;
b. Award compensatory damages in an amount to be determined at trial;
c. Award punitive damages as warranted by the evidence;
d. Award pre-judgment and post-judgment interest;
e. Award costs of this action;
f. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF GEORGIA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
[________________________________], Plaintiff

Sworn to and subscribed before me this [____] day of [________________________________], [____].

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
Georgia Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: O.C.G.A. § 51-1-40 (Georgia Dram Shop Act).
• General Rule: Furnishing alcohol alone does NOT create liability.
• Two Exceptions: (1) Knowingly serving a noticeably intoxicated person with knowledge they will soon drive; (2) willfully, knowingly, and unlawfully serving an underage person with knowledge they will soon drive. The furnishing must proximately cause the injury.
• Driving Requirement: Both exceptions require knowledge that the person will soon be driving a motor vehicle.
• Fake ID Defense: A fake ID is rebuttable proof the seller did not improperly furnish alcohol.
• Social Hosts and Premises Owners: Subsection (b) may apply to any person who furnishes alcohol and satisfies its knowledge and driving conditions. Subsection (d) limits claims against an unlicensed premises owner or occupant when alcohol is consumed there without that person’s consent; ownership alone is not a basis for liability.
• Broad Application: Courts have applied § 51-1-40 to convenience stores and other retail sellers (Flores v. Exprezit!, 289 Ga. 466 (2011)).
• Statute of Limitations: Two years for personal injury.
• Consumer Recovery Limitations: Some limits on recovery by the intoxicated consumer (Dion v. Y.S.G. Enters., 296 Ga. 185 (2014)).

SOURCES AND REFERENCES

• O.C.G.A. § 51-1-40 (Georgia Dram Shop Act)
• Flores v. Exprezit! Stores 98-Georgia, LLC, 289 Ga. 466, 713 S.E.2d 368 (2011)
• Dion v. Y.S.G. Enters., 296 Ga. 185, 766 S.E.2d 48 (2014)

Separate civil case filing form

Complete and file the current General Civil Case Filing Information Form with this initial Superior or State Court complaint. O.C.G.A. § 9-11-3(b) requires the separate form at filing; obtain the filing court's current form.