Georgia Supreme Court: Retailers May Be Liable for Drunk Driving

State Supreme Court ruling says that convenience retailers may be held liable if they sell alcohol to visually impaired customers who drive drunk and cause injury to others.

July 20, 2011

SOUTHFIELD, MI - A blog post at InjuryBoardblogNetwork.com assessed implications from a recent Georgia Supreme Court ruling that extends Georgia's Dram Shop Act beyond restaurants and bars where alcohol is served on the premises.

The 6 to 1 Supreme Court ruling held that convenience store owners may be held liable if they sell alcohol to visually impaired customers who then drive drunk and cause injury to others.

"[C]convenience store employees often do have an opportunity to observe how the customer arrived and how he/she will depart," the blog stated. "Additionally, even if a store employee may not have an opportunity to determine how intoxicated a person is, it does not mean that the convenience store cannot be held liable."

Jim Tudor, president of the Georgia Association of Convenience Stores, told NACS Daily that the ruling already reflects the mindset of convenience store owners.

"We have always assumed, and trained accordingly, that we may have a potential liability if we sell to someone who is noticeably intoxicated," Tudor said. "We felt that the lower court ruling would be overturned."

Tudor also pointed out that the ruling extends beyond just convenience stores.

"[T]he Dram Shop ruling applies to all retailers ?" not just convenience stores ?" who sell for off-premise consumption. Therefore, we do not anticipate any major changes to how we are training our members, since our current training always included the dram shop provision," he said.

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