Drunk driving accidents are a heartbreaking reality that can cause lasting harm to victims and their families. In South Carolina, laws exist to hold not just the intoxicated driver accountable, but also the businesses or individuals who may have irresponsibly served them alcohol. These laws, known as dram shop laws, are designed to promote responsible alcohol service and provide a path to justice for victims.
Dram shop laws in South Carolina aim to prevent over-serving alcohol to those who are visibly intoxicated or to minors, helping to reduce the risk of accidents like drunk driving. When an alcohol-serving business fails in this responsibility, it can be held liable for injuries caused by a person who was unlawfully served.
If you’ve been injured in a drunk driving accident, it’s important to understand how dram shop laws work in South Carolina. Dram shop liability cases can be complicated, but they offer a chance to get the full compensation you deserve—whether it’s for medical bills, lost wages, pain and suffering, or other damages.
What Are Dram Shop Laws in South Carolina?
South Carolina does not have a specific Dram Shop Statute for civil cases, but it does have a criminal statute that serves as the basis for civil liability.
Under South Carolina laws such as S.C. Code Ann. § 61-4-580, it is illegal to knowingly serve beer, wine, liquor, or other alcohol to someone who is intoxicated or underage. In dram shop cases, this criminal law forms the basis for civil claims. In dram shop cases, this criminal statute is applied by demonstrating that the establishment or individual that provided the alcohol violated this law.
Essentially, these laws create a legal responsibility for businesses like bars, restaurants, and liquor stores to serve alcohol responsibly.
These laws are an important tool for promoting public safety. They encourage businesses to take seriously their responsibility to properly train staff to check IDs and cut off service when necessary. They also provide a pathway for victims to seek justice and compensation when they’ve been harmed because someone chose to put profits over safety.
How Dram Shop Liability Works in South Carolina
The key to understanding dram shop liability in South Carolina is the concept of negligence. If an alcohol-serving establishment is negligent in its duty to monitor and manage how much alcohol it serves to a patron, it may be held liable for any resulting damage.
For instance, if a bartender continues to serve alcohol to a visibly intoxicated person, and that person later gets behind the wheel and causes a car accident, the bar could be held responsible for contributing to the harm.
To establish dram shop liability in South Carolina the injured party must prove:
- That the business knowingly over-served an intoxicated individual or provided alcohol to someone under the age of 21. This often involves showing evidence such as witness testimony, surveillance footage, or police reports that indicate the patron was drunk when served.
- That the establishment’s actions directly contributed to the injuries or damages sustained.
It’s important to note that dram shop liability is not automatic in every case of drunk driving or alcohol-related accidents. To succeed in a dram shop claim, victims must demonstrate that the business violated the law and that this violation directly led to their injury.
This often requires an experienced attorney who understands the nuances of dram shop laws and can gather the necessary evidence to support the claim. Without this legal expertise, holding an establishment accountable for its role in an accident can be difficult.
Who Can Be Held Liable?
When it comes to dram shop liability in South Carolina, responsibility doesn’t stop with the drunk driver. Certain businesses or even individuals can also be held accountable for their role in contributing to the incident. Here’s a breakdown of who might be liable:
- Bars and Restaurants: Establishments that serve alcohol have a legal duty to stop serving customers who are visibly intoxicated. If a bar ignores these signs and continues to serve someone who later causes harm, they can be held accountable under dram shop laws.
- Liquor Stores and Retailers: Selling alcohol to minors or visibly intoxicated individuals can lead to liability. For example, if a liquor store sells to someone who is clearly impaired and later causes an accident, the store may share responsibility for the resulting damages.
- Social Hosts: If you’re hosting a private event and serving alcohol to a minor or an intoxicated person, you could be held liable if they cause an accident. While this isn’t as common as cases involving businesses, it’s still a potential risk.
How Dram Shop Laws Protect Victims of Drunk Driving Accidents
Drunk driving accidents often leave a trail of devastation—serious injuries, emotional trauma, and financial burdens. While holding the drunk driver accountable is a critical step, dram shop laws in South Carolina provide an additional layer of protection for victims. These laws ensure that alcohol-serving establishments share responsibility when their negligence contributes to an accident.
Dram shop laws protect victims by allowing them to pursue claims against bars, restaurants, or even social hosts that overserve alcohol to someone who is visibly intoxicated or underage. For instance, if a bar serves a person under the age of 21, or continues to serve drinks to a drunk patron who later causes a collision, the bar can be held liable for the injuries that result.
This accountability provides victims with another potential source of compensation. In many cases, the drunk driver’s insurance alone may not cover the full extent of the victim’s damages, especially if the injuries are severe. Pursuing a dram shop claim can help victims recover additional funds for medical bills, lost wages, pain and suffering, and more.
Steps to Take if You’re Injured Due to Dram Shop Negligence in South Carolina
If you’ve been injured because of a drunk driver, it’s essential to act quickly:
- Get Medical Help: Your health is the top priority. See a doctor, even if injuries seem minor.
- Document the Scene: Take photos of the accident, get witness contact info, and write down what happened.
- Report the Accident: Call the police and file an official report about the crash.
- Collect Evidence: Keep any receipts, videos, or social media posts that show the bar or restaurant served alcohol to an intoxicated person.
- Contact a Lawyer: Speak to an experienced attorney who can guide you through your case and help gather evidence.
How Our Greenville Liquor Liability Lawyer Can Help
When you choose us to represent you, we start by conducting a thorough investigation into your case. This includes gathering evidence, interviewing witnesses, and reviewing any available surveillance footage. Our goal is to build a strong, compelling case that demonstrates how the establishment’s negligence contributed to your injuries.
Once we’ve gathered the necessary evidence, we’ll work to hold the bar, restaurant, or liquor store accountable for their actions. This could involve negotiating with insurance companies or, if necessary, taking your case to court.
Communication is key throughout the legal process. You can count on us to keep you informed and involved at every stage. We’re here to answer your questions, address your concerns, and provide clear, straightforward legal guidance.
Contact Our Liquor Liability Lawyers
At David R. Price, Jr., P.A., we know that holding an establishment accountable through dram shop liability can make a significant difference in the lives of victims. Not only can it provide financial relief, but it can also help send a message to businesses that over-serving alcohol is dangerous and unacceptable.
If you’ve been injured because of dram shop negligence in South Carolina, contact our liquor liability lawyers today. We’ll carefully evaluate your case and help you understand all of your legal options. We understand the emotional and financial toll these cases can take on victims, and we are here to offer the support you need during this difficult time.
Contact us at 864-271-2636 to request a free consultation.