South Carolina’s dram shop law allows injured victims to seek compensation from alcohol vendors when illegal alcohol sales contribute to serious injuries or death. These cases often arise after drunk driving crashes or other alcohol related incidents involving bars, restaurants, and retail sellers. A South Carolina liquor liability lawyer can review the facts and help you get compensation for your injuries.
South Carolina does not have a single statute labeled as a dram shop law. Instead, liability for unlawful alcohol sales is established through court decisions and existing alcohol control statutes that regulate how and when alcohol may be sold.
Bars, restaurants, convenience stores, and liquor stores can all face liability when they sell alcohol to an intoxicated person or to a minor. When those illegal sales result in foreseeable injuries, South Carolina law may hold the vendor financially responsible.
Overview of South Carolina Dram Shop Law
South Carolina does not have a single “Dram Shop Act.” Instead, liability for businesses is established through statutes such as South Carolina Code Section 61-4-580. These laws make it illegal for an establishment to knowingly sell alcohol to an intoxicated person or to a minor. When a business violates these rules and the customer subsequently causes an accident, the business may be held legally responsible for the resulting injuries or deaths.
Key statutes tied to dram shop claims include:
- South Carolina Code § 61-6-2220 prohibits the sale of alcohol to persons who are intoxicated.
- South Carolina Code § 61-6-4070, which addresses unlawful transfer of alcohol to someone under 21 years.
- South Carolina Code § 61-6-50 prohibits violations of licensing regulations regarding alcohol sales.
When a vendor violates these laws and a foreseeable injury occurs, the vendor may be held liable for resulting damages.
Key Updates to South Carolina Dram Shop Laws
Starting in January 2026, a new bill updating South Carolina’s dram shop laws will take effect, bringing major changes to how liability is shared and how alcohol-serving establishments are regulated.
1. Elimination of Full Joint Liability
The most significant change is the elimination of full joint liability for injuries caused by the sale of alcohol. When both a drunk driver and an establishment are found liable, the establishment’s liability is now capped at 50% of the plaintiff’s damages. Drunk drivers and any other responsible parties will also be listed on the verdict form so that fault can be allocated among all tortfeasors.
This means that injured parties can no longer recover 100% of their damages from the establishment alone. If the drunk driver is uninsured, underinsured, or lacks sufficient assets to pay a judgment, victims will likely be limited to recovering only half of their total damages from the establishment, regardless of the severity of the injuries.
2. “Knowingly” Standard Now Applies to Liquor Sales
The new law adds a “knowingly” requirement to liquor sales, eliminating what was arguably a strict liability standard. Establishments can now only be held liable if they knowingly serve alcohol to a person who is already intoxicated.
What Does “Knowingly Mean?
Liability requires proof that the establishment or its employees knew or reasonably should have known that the person was intoxicated. This determination will be based on observable signs such as slurred speech, unsteady movement, glassy or bloodshot eyes, aggressive behavior, or other clear indicators of intoxication.
3. New Comprehensive Statute and Mandatory Training Requirements
The legislation also creates a comprehensive statutory framework governing alcohol service. All servers and managers must complete state-approved alcohol training within 60 days of employment. This training focuses on recognizing signs of intoxication, proper ID verification, and understanding civil liability related to alcohol service.
Certificates are valid for three years and must be kept on-site and available for inspection. Completion of this training also qualifies establishments for insurance premium discounts. Failure to comply with these training requirements could significantly affect an establishment’s ability to defend against dram shop claims.
4. Captive Insurance Restrictions
The new law also changes how certain liquor liability insurance policies may be structured in South Carolina.
Some policies allowed defense costs to reduce the total coverage available to compensate victims. For example, a bar with a $1 million policy could see that coverage reduced to $800,000 after $200,000 in legal defense costs.
Under the new law, this practice is no longer permitted for captive insurers. However, other types of insurance policies may still allow defense costs to erode coverage, leaving victims with limits on available compensation in some cases.
How the Lawyers at David R. Price, Jr., P.A., Can Help
Dram shop and liquor liability cases require more than showing a driver was intoxicated. The focus is on the actions of the alcohol vendor and whether the business violated South Carolina law by selling alcohol to an intoxicated person or a minor. Here is how David R. Price, JR., P.A., can help with these types of cases:
- Evaluate whether a dram shop claim applies: Our lawyers will review the circumstances of the alcohol sale to determine whether the vendor sold alcohol to an intoxicated person or a minor and whether that sale can support a claim.
- Identify all responsible parties: Dram shop cases often involve multiple parties who may share liability for what happened. This may include bars, restaurants, convenience stores, grocery stores, event hosts, and individual employees. Identifying every responsible party is critical to pursuing full compensation.
- Secure time-sensitive evidence: Liquor liability cases rely heavily on evidence that can disappear quickly. The lawyers at David R. Price, Jr., P.A., act early to obtain receipts, surveillance footage, credit card records, employee schedules, incident reports, and witness statements before they are lost or overwritten.
- Work with toxicology and alcohol service experts: Establishing visible intoxication often requires expert analysis. The lawyers at David R. Price, Jr., P.A., work with toxicologists and alcohol service experts to connect blood alcohol content, timing of alcohol sales, and observable signs of impairment.
- Handle negotiations with insurers and defense counsel: Alcohol vendors and their insurers aggressively defend these claims. The lawyers at David R. Price, Jr., P.A., manage all communications and negotiations to protect clients from tactics aimed at minimizing or denying liability.
- Take cases to trial when necessary: Some dram shop cases do not resolve through settlement. The lawyers at David R. Price, Jr., P.A., prepare every case as if it will be taken to trial, presenting evidence clearly and directly to show how unlawful alcohol sales led to preventable harm.
Contact Our Liquor Liability Lawyers
If you or a loved one was injured by a drunk driver or as a result of unlawful alcohol service, you may have a claim against the business that sold the alcohol. South Carolina’s dram shop law allows injured victims to seek compensation when alcohol vendors violate the law.
To speak with an attorney about a potential dram shop or liquor liability case, contact David R. Price, JR., P.A. at 864-271-2636 to request a consultation. Our office can review the facts, explain your rights under South Carolina law, and discuss the next steps.