Question: Georgia Code section 5 1 - 1 - 4 0 allows an injured person to hold a seller of alcohol ( such as a bar,
Georgia Code section allows an injured person to hold a seller of alcohol such as a bar, restaurant, or liquor store liable if the establishment: "willfully, knowingly, and unlawfully" serves alcohol to a person who's younger than age or "knowingly" serves alcohol to a person who's in a "state of noticeable intoxication" AND knows that the minor or intoxicated person will soon be driving a motor vehicle.
Suppose that on his way home from work, David stops at Terry's Tavern for a few drinks. Terry, the bartender, continues to serve David alcohol even after David has begun stumbling around, slurring his speech, and getting unreasonably angry at the people near him. Finally, David pulls his car keys out of his pocket, pushes his glass across the bar to Terry, and says "One more for the road." Terry serves him, and after finishing the drink, David stands up and heads out the door. While driving home, David hits and injures Peter, a pedestrian in a crosswalk. In this situation:
If David was hanging out with a friend who was under Peter would have a claim against Terry's Tavern for serving someone who's underage.
Peter cannoz seek any damages from David personally for causing the accident.
Peter cannot bring a dram shop claim against Terry's Tavern because the tavern did not know for certain that David was intoxicated enough or would soon be driving.
Peter can bring a dram shop claim against Terry's Tavern because the tavern
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