Bars are often the backdrop for memories and social gatherings. While they can be places for fun and fellowship, these establishments also hold a critical responsibility not just to serve their customers but to ensure the safety of their customers as well as the safety of the public.
Laws prohibiting the overservice of alcohol are in place to prevent harmful situations from occurring from people who are overly intoxicated. Bars, restaurants, and other alcohol-serving establishments have a responsibility to monitor their patrons and ensure no one has been overserved alcohol to the point that they are dangers to themselves or others. Unfortunately, not all establishments abide by these legal obligations, and the social consequences can be severe.
When someone who has been overserved alcohol leaves the bar and gets behind the wheel or behaves recklessly, it can result in tragic accidents that cause injury and harm to others. In situations like these, it’s not just the intoxicated person who’s at fault. The establishment that continued to serve them alcohol after they were intoxicated may also be held responsible. If you or someone you love has been injured due to the actions of someone who was overserved, our liquor liability lawyers at David Price Jr P. A can help guide you through what steps to take next.
Understanding Dram Shop Laws
Laws regulating the service of alcohol are in place to ensure everyone has a good time, but does so safely. Especially critical among these laws are those preventing overserving customers, also known as “dram shop laws”. Essentially, overserving alcohol means continuing to serve drinks to someone who’s had enough and displaying signs of intoxication.
Can Bars Be Held Liable for Overserving Alcohol?
Yes, bars can be held accountable when they serve too much alcohol to someone whom they know or should know is intoxicated. The idea behind overserving laws is simple: bars and restaurants that serve alcohol have a responsibility to keep everyone safe. They are expected to cut someone off when it’s clear they’ve had too much to drink. If they don’t, they could be held accountable for breaking the law.
When bars continue to serve alcohol to someone who’s visibly intoxicated or has been served so much alcohol a bar knows or should know is intoxicated, those bars cross a line from merely facilitating a good time to contributing to potential harm. Once they cross that line, bars are liable for the consequences of their unlawful actions.
According to South Carolina law (S.C. Code Ann. § 61-4-580 and § 61-6-2220), it’s illegal for the holder of a permit to sell beer, wine or liquor to knowingly serve alcohol to anyone who is already intoxicated. In dram shop cases, these criminal laws are used to prove that the business or individual who served the alcohol violated the law.
Bars, restaurants, social clubs, and other establishments, as well as individuals, must protect the public from the dangers caused by their businesses. Dram shop liability, also known as liquor liability or social host liability, is the means by why these establishments are held accountable for the damages caused by an overserved patron’s actions after they leave.
Overserving Alcohol Leads to Accidents and Injuries
The impact of serving alcohol extends far beyond the bar stool. When patrons are served more drinks after being intoxicated, their ability to think clearly and make safe choices is significantly impaired. They may get behind the wheel of a car, start a fight, or put themselves and others in risky situations.
One night of overindulgence at a bar can easily turn into a lifetime of regret for those injured in a drunk driving crash or other alcohol-related incidents. These situations are entirely preventable if bars and establishments take their responsibilities to their communities seriously. Unfortunately, when those responsibilities are ignored, the consequences can be tragic.
Have You Been Injured by Someone Who Was Overserved Alcohol?
Being injured by an incident involving someone who irresponsibly overserved alcohol can feel both shocking and unjust. Such situations are not just “accidents”–they are often preventable incidents had the establishment where the person became intoxicated adhered to responsible serving practices. If this has happened to you or someone close to you, then you understand that the consequences are not limited only to physical pain but also the emotional and financial turmoil that follows.
You have the right to seek answers and compensation. Proving that an establishment negligently served alcohol to someone visibly intoxicated can be complex, but it’s not something you have to handle on your own.
Our team at David R. Price, Jr., P.A. is here to provide the support, guidance, and advocacy you need to bring those responsible to account and help you find some measure of peace and recovery.
What Is the Burden of Proof for Dram Shop Cases?
In dram shop cases, proving liability isn’t always straightforward, but there are specific elements that need to be established for a successful claim. Essentially, you must demonstrate three key things:
1. The Establishment or Individual Owed You a Duty of Care
This means showing that the bar or alcohol-serving establishment had a legal responsibility to ensure the safety of patrons and the public by not serving alcohol to someone who was visibly intoxicated.
2. They Failed to Uphold That Duty of Care
You’ll need to prove that the bar continued to serve alcohol to someone whom it knew or should have known was already intoxicated. This failure to act responsibly is the crux of many dram shop cases. Evidence, such as witness statements, surveillance footage, or even bar receipts, can show a breach of this duty.
3. The Failure Directly Caused or Contributed to Your Injuries, Losses, or Damages
Finally, it’s crucial to link the establishment’s actions to the harm you suffered. This means proving that because the bar overserved alcohol, the intoxicated person caused an accident or injury that resulted in your losses. Whether it was a drunk driving accident or an altercation, this “causal” connection is key to winning your case.
Contact Our Experience Greenville Liquor Liability Lawyer
Bars and restaurants must ensure they aren’t creating or contributing to dangerous situations by overserving alcohol to customers who are intoxicated. When they fail to abide by the South Carolina liquor liability laws, the consequences can be devastating—not just for the person overserved but for innocent bystanders who might end up victims of accidents caused by impaired judgment.
If you or a loved one has been hurt because a bar or restaurant failed to adhere to the laws prohibiting the overservice of alcohol, it’s more than just a personal misfortune. It’s a breach of public safety that the law takes seriously. The laws surrounding overserving alcohol and determining when bars can be held liable for overserving are there to protect individuals, and to spread the social costs of their actions onto the businesses that profited from their dangerous practices.
At David R. Price, Jr., P.A., we stand ready to support you through these tough times. We take these cases seriously because we understand that your life has been impacted by someone else’s negligence.
Our team is here to listen, guide, and fight for you every step of the way. Contact us at [phone] for a free consultation with our liquor liability lawyers. We believe that everyone deserves a safe community and that establishments serving alcohol must uphold their responsibilities to the public.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.
