GA Code § 51-1-40 (2021)
2021 Georgia Code|Title 51 - Torts|Chapter 1 - General Provisions|§ 51-1-40. Liability for Acts of Intoxicated Persons

  The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.   A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.   In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as defined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.   No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who consumes alcoholic beverages on the premises in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages.     (Code 1981, §51-1-40, enacted by Ga. L. 1988, p. 1692, § 1.)   Cross references.   - Sale of alcoholic beverages to intoxicated persons, § 3-3-22.    Sale of alcoholic beverages to underage persons, § 3-3-23.   Editor's notes.   - Ga. L. 1988, p. 1692, § 2, as amended by Ga. L. 1989, p. 301, § 1, not codified by the General Assembly, provides: "This Act shall apply only to causes of action which arise under Code Section 51-1-40 on or after the effective date of this Act [April 12, 1988]."   Law reviews.   - For survey article on tort law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 425 (2003). For annual survey of tort law, see 57 Mercer L. Rev. 363 (2005). For survey article on tort law, see 60 Mercer L. Rev. 375 (2008). For annual survey of law on torts, see 62 Mercer L. Rev. 317 (2010).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Commercial Environments   Domestic Environments    RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, § 452 et seq.   Negligent Failure to Detain Intoxicated Motorist, 1 POF3d 545.   Liability of Social Host for Negligent Driving of Intoxicated Adult Guest, 3 POF3d 697.   Dram Shop Litigation, 12 Am. Jur. Trials 729.   Liquor Provider Liability, 43 Am. Jur. Trials 527.   C.J.S.   - 48A C.J.S., Intoxicating Liquors, § 824 et seq.   ALR.   - Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 A.L.R.4th 16.   Tort liability of college or university for injury suffered by student as a result of own or fellow student's intoxication, 62 A.L.R.4th 81.   Passenger's liability to vehicular accident victim for harm caused by intoxicated motor vehicle driver, 64 A.L.R.4th 272.   Validity, construction, and effect of statute limiting amount recoverable in dram shop action, 78 A.L.R.4th 542.   Social host's liability for death or injuries incurred by person to whom alcohol was served, 54 A.L.R.5th 313.