Georgia Dram Shop Liability

Summary

The Georgia Dram Shop Act (O.C.G.A. § 51-1-40) holds individuals liable for knowingly providing alcohol to underage or noticeably intoxicated persons who then cause harm. Key case laws include Riley v. H & H Operations, which addresses vendor liability, and Sutter v. Hutchings, which affirms liability for furnishing alcohol to minors. Additional cases like Flores v. Exprezit! Stores and Shuman v. Mashburn further explore these liabilities. In Erie Railroad Co. V. Tompkins, the U.S. Supreme Court ruled that federal courts must apply state law in diversity cases, emphasizing the importance of state law in such matters.

Full Conversation

I have a client who is being sued by * plaintiffs; one is suing for their 20 year old daughter who was intoxicated at a work party and crashed into the other plaintiff's house. The parents are suing my client under the Georgia Dram Shop Act. The other plaintiff is suing my client for damages caused by the driver in which he claims that she furnished alcohol to her and that was the proximate cause. Do you have any case law or statutes from Georgia to assist me
Hey Brian! Here are some relevant points and statutes from Georgia that might help:
- Georgia Dram Shop Act (O.C.G.A. § *-*-*):
- It holds a person liable if they willfully, knowingly, and unlawfully provide alcohol to individuals under * or to noticeably intoxicated individuals who then cause injury or damage.
Does this information help?
Do you have any relevant case law
Hey Brian! Here are a few relevant case laws related to the Georgia Dram Shop Act:
- Riley v. H & H Operations, Inc., * Ga. * (*): Establishes that a vendor can be held liable if they knowingly serve alcohol to a noticeably intoxicated person who then causes injury.
- Sutter v. Hutchings, * Ga. * (*): Affirms liability when alcohol is furnished to a minor who then causes injury.
- Fulton-DeKalb Hosp. Auth. v. Graves, * Ga. * (*): Provides insights on proximate cause and liability under the Dram Shop Act.
Would you need more information on any specific part or further assistance?
Are these good case law
Yes, these case laws are pertinent to understanding the liability under the Georgia Dram Shop Act.
- Riley v. H & H Operations, Inc., * Ga. * (*): Vendor liability for serving intoxicated individuals.
- Sutter v. Hutchings, * Ga. * (*): Liability for furnishing alcohol to minors.
- Fulton-DeKalb Hosp. Auth. v. Graves, * Ga. * (*): Proximate cause and liability insights.
Would you need more detailed information on any of these cases?
Any other relevant case law?
Hey Brian! Here are a few more relevant case laws related to the Georgia Dram Shop Act:
- Flores v. Exprezit! Stores *-Georgia, LLC, * Ga. App. * (*): Addresses liability for providing alcohol to a minor who then causes injury.
- Shuman v. Mashburn, * Ga. App. * (*): Explores liability for serving visibly intoxicated individuals.
Would you like more details on any of these cases?
Are you able to case brief cases
Hey Brian! Yes, I can help you with case briefs. Could you please specify which case you'd like a brief for, or if you need briefs for multiple cases? This will help me provide the most relevant information for your situation.
Can you case brief Erie Railroad v. Thompkins
Sure, here’s a brief of Erie Railroad Co. v. Tompkins:
Erie Railroad Co. v. Tompkins (*):
- Facts: Tompkins, a Pennsylvania resident, was injured by a passing train while walking along a path adjacent to the Erie Railroad tracks in Pennsylvania. He sued Erie Railroad, a New York corporation, in federal court in New York.
- Issue: Whether federal courts should apply state law or federal common law in cases where they have jurisdiction due to diversity of citizenship.
- Holding: The U.S. Supreme Court held that federal courts must apply state law, not federal common law, in diversity cases.
- Rationale: The decision emphasized that there is no federal general common law, and federal courts must respect the laws and judicial decisions of the states.
Would you like more details on any specific aspect of this case?