Wrongful death refers to a claim by a plaintiff (not the victim) who seeks to recover damages for the unjust death of another caused by someone's negligent, reckless or intentional acts. There are no specific guidelines that dictate the means of death; however, wrongful death tort claims frequently occur in several circumstances:
- Medical malpractice, especially errors in surgery, diagnosis and/or prescriptions;
- Product defects;
- Automobile accidents, including truck and pedestrian accidents;
- Criminal acts such as murder, physical abuse or neglect.
Clayton County wrongful death attorney Shane Smith represents families who have lost loved ones in auto accidents, truck accidents, DUI accidents, pedestrian accidents or serious premises liability accidents.
Georgia's Dram Shop Act provides that a person who sells, furnishes, or serves alcohol to an intoxicated person of lawful drinking age shall not be liable for injury, death, or damage the person causes because of their intoxication. The Dram Shop Act also holds that someone may become liable if they knowingly sell alcohol to a noticeably intoxicated person when they know that person will soon be driving.
According to the Atlanta Journal-Constitution, the family of a man who was killed by a drunk driver was awarded $500,000 from a restaurant that served alcohol to the drunk driver. The 23-year-old man was involved in an accident with two drunk drivers; one of the drunk drivers sideswiped the other drunk driver's car, which caused it to collide with the 23-year-old's car. The first drunk driver was charged with vehicular homicide, DUI, and other charges, while the second also faced charges.
A Georgia restaurant was sued by the deceased man's family which alleged it knew or should have known that the two defendants would soon be driving as the restaurant served them alcohol. Video from the restaurant showed that the men were served 15 rounds of drinks and that it stayed open past business hours to continue serving them alcohol.
If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next?
If a death is caused by the negligence of another then the decedent's family may be entitled to legal relief through a wrongful death lawsuit. You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith for a free consultation.