Dram Shop Attorney

South Carolina lacks a specific dram shop law for civil lawsuits, but South Carolina laws do include a criminal provision that can be applied to civil liability. It is a bit confusing, but this does mean that the law (S.C. Code Ann. § 61-4-580) can hold owners of restaurants, bars, and other establishments responsible for who is sold alcohol under certain circumstances. South Carolina establishment owners who sell alcohol to already intoxicated persons or underage persons can be held responsible for the actions of those persons. If you have been victimized by a person intoxicated by alcohol, a Greenville dram shop attorney could help you pursue legal action and compensation.

South Carolina Dram Shop Liability Laws

South Carolina’s dram shop liability laws create legal accountability for businesses that sell or serve alcoholic beverages. Dram shop laws determine the conditions under which businesses can be held liable for serving alcohol to intoxicated patrons or minors. These laws focus on protecting the public from accidents caused by inebriated people. They establish specific conditions under which businesses can be liable if someone they served causes harm to others, such as in a DUI accident.

Liability for Underage Alcohol Sales

In South Carolina, the law prohibits any establishment, including bars and restaurants, from selling or serving alcohol to anyone under 21. A business that serves alcohol to an underage person can be liable if that person causes harm while intoxicated. For example, let’s say a bar serves alcohol to a minor, and that minor then drives and causes an accident. In that case, the bar could bear responsibility for injuries and property damage resulting from the crash. Such incidents can lead to personal injury cases where the establishment is held accountable for the harm caused by the underage individual.

Liability for Over-serving Alcohol to the Intoxicated

South Carolina also holds businesses accountable for over-serving alcohol to visibly intoxicated people of legal drinking age. If a bartender or server provides alcohol to someone who is clearly intoxicated, the establishment can face legal consequences if the intoxicated person causes harm. For instance, suppose a restaurant serves alcohol to a visibly drunk customer. The restaurant could be responsible if the customer later gets behind the wheel as a drunk driver and hurts someone in a drunk driving accident.

What is Social Host Liability?

South Carolina residents hosting private events must be aware of their responsibilities under social host liability laws. In South Carolina, social host liability differs slightly from dram shop liability because it applies to private individuals, not businesses. If a person hosts a gathering and knowingly serves alcohol to underage guests, the host could be liable if an underage guest gets drunk and causes an accident. However, social host liability does not generally apply to situations involving adults. So, if an adult guest becomes intoxicated at a private event and causes an injury accident, the host is generally not responsible.

The Burden of Proof in Dram Shop Alcohol Liability Cases

You must meet a specific burden of proof to recover compensation in a South Carolina dram shop liability case. Meeting a specific burden of proof means providing enough evidence to show that your claim meets a certain standard of truthfulness, particularly in cases involving car accidents caused by intoxicated individuals. In dram shop liability cases, this requires proving that the establishment acted negligently and that this negligence directly contributed to the harm you suffered.

Importantly, you cannot hold a business accountable simply because it served alcohol to someone who later caused an accident. You must prove that the establishment’s decision to serve alcohol to an obviously intoxicated or underage person directly led to the incident and your resulting injuries.

Proving negligence involves three key elements. First, you must show that the establishment owed you a duty of care. If the establishment has a valid liquor license, it has a duty to take reasonable steps to prevent harm to others while serving alcohol. Second, you must establish that the business failed to uphold this duty. In dram shop cases, this often involves showing that the bar served alcohol to an underage or visibly intoxicated person. Finally, you must prove a direct link between the establishment’s actions and the accident that caused your injuries. This means showing that the bar’s failure to act responsibly contributed to the driver’s dangerous level of intoxication and, ultimately, the accident.

Meeting this burden of proof in a dram shop case requires strong evidence, like witness statements, surveillance footage, and sometimes even expert testimony. A dram shop attorney in Greenville can support your case by identifying, gathering, and presenting valuable evidence of dram shop liability.

Building Your Dram Shop Liability Case

Building a strong dram shop liability case requires detailed evidence that shows the establishment’s negligence directly contributed to the incident that harmed you, forming the basis of a personal injury claim. Proving negligence means demonstrating that the bar or restaurant failed to act responsibly when serving alcohol. To build your case, your lawyer will investigate various aspects of the establishment’s actions and collect evidence of negligence. Key factors your attorney might consider in developing your dram shop liability case include:

• ID Verification: Did the staff check the person’s ID before serving them? Proof that the business served an underage patron can establish clear negligence.
• Signs of Intoxication: Did witnesses or staff observe visible signs of intoxication, such as stumbling, slurred speech, or aggressive behavior?
• Quantity of Alcohol Served: How many drinks did the establishment serve to the person? Over-serving, especially within a short timeframe, could suggest negligence.
• Time Frame of Service: How much time passed between each drink, and how long was the person drinking before the incident? Rapid serving increases the risk of dangerous intoxication.
• Type of Alcohol Consumed: What kinds of drinks did the person consume? Some drinks with higher alcohol content have stronger effects and lead to quicker intoxication.
• Preventative Measures: Did the business take steps to ensure the person wasn’t going to drive? For example, did they suggest or arrange a rideshare or taxi home?

South Carolina Dram Shop Laws & Drunk Driving Victim Cases

South Carolina’s dram shop laws allow victims of drunk driving accidents to seek compensation from establishments that contributed to the driver’s intoxication. Dram shop laws determine the conditions under which businesses can be held liable for serving alcohol to intoxicated patrons or minors. Several types of establishments can bear responsibility in these cases, including:

• Bars
• Restaurants
• Night clubs
• Lounges
• Hotels
• Country clubs
• Caterers
• Event venues
• Liquor and convenience stores
• Arenas
• Concert venues
• Music halls

Businesses are legally responsible for their employees’ actions. This means the establishment itself usually faces liability in a dram shop case rather than the bartender or cashier who actually sold the alcohol. Establishments that serve alcohol often carry substantial liability insurance policies specifically designed to cover claims arising from incidents involving alcohol service. These insurance policies typically provide greater financial resources than individuals would have, which can significantly increase the potential compensation available.

In DUI accident cases involving social host liability, homeowners or renters liability insurance could offer coverage for crash injuries. If a host provides alcohol to an underage guest who then causes harm, you could pursue compensation through the host’s homeowners or renters insurance policy. Many policies include personal liability coverage, which can extend to incidents like these, depending on the policy terms. This means a potentially more reliable source of compensation than trying to collect from the host’s personal assets. However, coverage varies, and some policies have specific exclusions for alcohol-related incidents.

A liquor liability attorney can review insurance policy details to determine what coverage is available and identify the best avenues for pursuing your claim.

Dram Shop Act Bill of 2024

Under the Dram Shop Act bill, a dram shop law can hold a shop owner responsible for selling alcohol to individuals who then cause negligence and injuries as a result of intoxicated driving. The bill is designed to protect the public and discourage establishments from over-serving patrons who are already intoxicated.

Liability Insurance Requirements

Additionally, under the bill, dram shops are required to carry liability insurance. This is crucial for facilitating compensation for victims of alcohol-related incidents. To establish dram shop liability, the injured party must typically prove that the establishment sold alcohol to the intoxicated person, the person was visibly intoxicated or known to be intoxicated at the time of service, and the intoxication was a proximate cause of the injuries or damages suffered by the injured party. Victims of such incidents may file a dram shop liability claim to seek compensation for their injuries. Such incidents can lead to personal injury cases where the establishment is held accountable for the harm caused by the intoxicated individual.

You Pay Nothing Unless We Win Your Case

You can learn more about liquor liability laws from the Maxey McFarland Law legal team. Dram shop cases often involve complex legal claims where the establishment’s liability for serving alcohol to intoxicated patrons or underage persons is scrutinized. Our dram shop lawyers in Greenville believe an establishment should be held liable for the injuries committed by their patrons due to unlawful alcohol consumption. Contact us online, or call (864) 900-4231 to speak to a Greenville dram shop lawyer about your potential alcohol liability case. We want to deliver results, so our law firm offers a free consultation on your dram shop case. Even better, our legal team works on a contingency fee basis, so you pay nothing unless your case is won.

Contact a Greenville Dram Shop Lawyer Today

Have you been injured due to the actions of an intoxicated person who was served alcohol at an establishment in South Carolina? Consider hiring an experienced dram shop attorney in Greenville to help you file a personal injury claim. Contact Maxey McFarland Law at (864) 900-4231 or fill out our online contact form for a free consultation on your alcohol liability case. Our experienced Greenville personal injury lawyers want to get you the justice and compensation you deserve.