In South Carolina, bars and restaurants are legally obligated to serve alcohol responsibly. When an establishment ignores visible signs of intoxication and continues to provide drinks, it can be held liable for any resulting injuries or fatalities. Our Greenville liquor liability attorneys represent victims of drunk driving accidents and bar violence to get compensation for their injuries.
Suing a bar for over-serving alcohol is not always straightforward, but it’s possible to recover from the bar as well as the intoxicated person if you can prove that the bar’s actions directly caused harm. Dram shop laws in South Carolina allow individuals to hold bars accountable for serving alcohol to a visibly intoxicated person.
If you’ve been injured due to a bar’s negligence, it’s important to understand the legal process and what you must prove. By working with an experienced liquor liability lawyer, you can navigate the complexities of your case and pursue justice.
When a Bar Can Be Held Liable for Over-Serving
Bar and alcohol-serving establishments are legally responsible for making sure they don’t over-serve alcohol to customers. Over-serving is when a bartender or server continues to provide drinks to a patron who is already intoxicated. If an individual becomes impaired due to a bar’s actions and causes an accident or injury, the bar may be held liable under South Carolina’s dram shop laws.
In South Carolina, bars can be found negligent if they serve alcohol to visibly intoxicated persons or minors, particularly when that service directly contributes to harm suffered by the intoxicated individual or others.
Suing a bar for over-serving involves the injured party proving that the bar continued serving alcohol despite clear signs of intoxication and that this directly led to their injuries. Evidence such as witness testimony, medical reports, and surveillance footage can be used to establish both intoxication and the bar’s negligence.
How to Sue a Bar for Negligence in South Carolina
To win a lawsuit against a bar, the burden of proof rests on the injured party. In South Carolina, these cases follow the S.C. Code Ann. § 61-4-580, which prohibits the sale of alcohol to intoxicated individuals.
To hold an establishment liable, you must prove the following specific elements:
1. The Establishment “Knowingly” Served the Patron
Recent changes to South Carolina law now require proof that the business knowingly served alcohol to a minor or an intoxicated person. This means the server either knew or should have known the person was impaired based on observable behavior.
2. Visible Intoxication or Material Impairment
The most common way to meet the burden of proof is by showing “visible intoxication.” This involves proving the patron displayed clear signs of drunkenness at the time of service, or that the person consumed so much alcohol that a reasonable person would have known they were impaired.
3. Proximate Cause
You must show that over-serving took place and that this over-serving was the “proximate cause” of your injuries. For example, if a bar over-serves a patron and that person causes a head-on collision minutes after leaving, the link between the service and the injury is direct.
4. Allocation of Fault
If a jury finds a bar at fault for the accident, the bar is only responsible for 50% of the damages. You can no longer hold the establishment responsible for the full amount of your damages. If the drunk driver is uninsured or lacks sufficient assets, your recovery from the establishment may be limited to only half of your total damages.
What Damages Can Be Recovered From a Negligent Bar?
If you win your case against a bar for over-serving alcohol, you could recover various types of damages. This can include:
- Medical expenses: The cost of treatment for injuries sustained due to the bar’s negligence.
- Lost wages: If your injuries caused you to miss work, you can recover lost income.
- Pain and suffering: Compensation for physical pain and emotional distress caused by the accident or injury.
- Property damage: If your property, such as a vehicle, was damaged in an accident caused by an intoxicated individual, you may be able to recover repair or replacement costs.
- Punitive damages: In some cases, you may be entitled to additional compensation to punish the bar for extreme negligence or gross misconduct.
How a Greenville Liquor Liability Lawyer Can Help
Legal claims against bars and restaurants involve complex evidentiary requirements and aggressive defense tactics. A Greenville liquor liability lawyer provides the technical and investigative support necessary to secure a recovery when a business fails to follow South Carolina alcohol service laws.
Strategic Case Investigation
Success in a liquor liability case depends on evidence that disappears quickly. A legal team will immediately work to preserve:
- Surveillance Footage: Bars often delete video in short loops; lawyers can send “spoliation letters” to legally compel the business to preserve evidence of the patron’s behavior.
- Point-of-Sale (POS) Records: Time-stamped receipts show exactly how many drinks were served and over what period, establishing a clear timeline of over-service.
- Training and Personnel Files: We verify whether staff have completed the mandatory SCDOR-approved alcohol server training required for businesses.
Expert Testimony and Scientific Analysis
Proving “visible intoxication” is often the most difficult part of a case. Lawyers often use experts to bridge the gap between witness observations and scientific facts:
- Toxicologists: These experts can use “retrograde extrapolation” to calculate a person’s blood alcohol content (BAC) at the time they were served based on later test results.
- Service Standards Experts: Professionals who testify on whether the bar’s policies met the industry standard of care for safe alcohol service.
Navigating South Carolina Insurance Requirements
South Carolina law requires businesses that serve alcohol after 5:00 p.m. to have a minimum of $1 million in liquor liability insurance, until and unless certain service requirements are met. We handle all communications with these insurance companies. Adjusters often try to shift the blame to the victim or the intoxicated person alone. We push back against these tactics to ensure the business is held accountable for its role in the incident.
Trial Preparation and Litigation
Many liquor liability claims settle before trial, but some cases require a jury’s decision. We prepare every case as if it is going to court. This includes filing the necessary legal motions, conducting depositions of bar staff, and presenting a clear, evidence-based argument to a judge or jury.
Contact Our Greenville Liquor Liability Lawyer
Due to South Carolina’s strict laws against over-serving, a bar can be held accountable if their over-serving resulted in harm to you or a loved one.
If you or a loved one has been injured due to the intoxication of a person at or leaving a bar, contact our team at David R. Price Jr., P.A. We have experience handling liquor liability cases in Greenville, SC. Our Greenville liquor liability attorneys will fight for the justice and compensation you deserve. Contact us at 864-271-2636 to schedule a free consultation and get started on your case.