Georgia Convenience Stores Can Be Held Liable Under “dram Shop” Law

The Georgia Supreme Court ruled 6-1 on Tuesday (7/5/11) in Flores v. Exprezit! Stores 98-Georgia, LLC, that a convenience store can be held liable for selling a 12-pack of beer to a noticeably intoxicated customer who was involved in a motor vehicle wreck which killed five other people. The Supreme Court overturned a lower court ruling that the Dram Shop Act, O.C.G.A. Sec. 51-1-40 does not apply to the sale of closed or packaged containers of alcoholic beverages. The families of those injured had sued, but the trial court and Georgia Court of Appeals awarded summary judgment to the store on grounds the beer was not sold for consumption on premises. The Supreme Court disagreed and held that sellers of closed or packaged containers of alcohol can be held liable for the damages caused by a noticeably intoxicated customer they sell to, knowing that he will soon be driving.