A female bartender standing behind a bar, pouring a clear liquor into six shot glasses lined up in front of her, and shelves of liquor bottles in the background.

Alabama Hooters Faces Wrongful Death Lawsuit for Serving Alcohol to Teen

A Hooters restaurant in Pelham, Alabama is now facing a wrongful death lawsuit from the family of a teen who died in a car accident after visiting their establishment, according to ABC News 9. The teenager, 18-year-old Ryan Rohr, died in May after a car outside the Hooters struck him while he crossed the street. Lawyers for the family allege that Hooters served Rohr alcoholic drinks illegally, even after Rohr was intoxicated. They argue that his alcohol consumption led to the auto-pedestrian accident that killed him after he left the restaurant.

Hooters Kept Serving Rohr After He Was Drunk

Rohr was in Pelham while working on a construction project this past May. He visited the Hooters in Pelham with some of his coworkers. The family’s lawyers allege that no one at Hooters ever asked Rohr for any form of identification, even though they served him several drinks. They say that Rohr was in the Hooters restaurant for over two hours the evening of his death, Fox News 6 reports. They also allege that Hooters continued to serve Rohr alcohol even after he became visibly intoxicated, and that his blood alcohol content at the time of the accident was .24, several times the legal limit.

Georgia Law Holds Businesses Accountable for Keeping Customers Safe

The law in Georgia and in Alabama holds people responsible for taking reasonable care to prevent injuries to others. If someone fails to take reasonable care and it results in injuries to someone, they may be liable for negligence in a lawsuit. If the victim dies because of their injuries, their surviving family can sue the person at fault for wrongful death.

Usually, if the defendant violated the law, this is proof that they failed to take reasonable precautions to prevent injuries to others, especially if the law is in place to keep people safe.

In both Alabama and Georgia, the legal age for alcohol consumption is 21. The legal limit for blood alcohol content (BAC) in both states is .08. Alabama has a law called the Dram Shop Act that makes it illegal for bartenders to keep serving customers after the customer is intoxicated. However, Georgia law specifically states that businesses that sell alcoholic beverages will generally not be liable for injuries that arise from their customers being intoxicated. There is an exception for when a bartender sells alcohol to a minor or intoxicated person who then drives a car and injuries a third party, who may then sue the bar. But even in this case, the person who consumed the alcohol cannot sue the bar that sold it to them.

No Negligence Recovery from Bars in Georgia

If a case like Rohr’s happens in Georgia, then the victim and his family do not have a right to sue the business. First of all, most bartenders in Georgia are not liable for accidents that happen because their customers get drunk. Second, the exception to this general rule doesn’t apply, because even though Rohr died in a car accident, he wasn’t driving when he died. Third, even if he had been driving a car when died, Georgia law would bar him or his family from suing the Hooters, because he was the one who drank the alcohol.

Get in Touch with A Wrongful Death Attorney

If someone close to you has died in an accident, you may be entitled to compensation from the person at fault. To find out more about your options, talk to an experienced Kennesaw Car Accident Death Attorney at Williams Elleby Howard & Easter in Cobb County today.

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