When an intoxicated individual injures someone, the focus is often on the person who caused the harm. But what about the bar, restaurant, or store that sold them the alcohol in the first place?
In South Carolina, this area of law is governed by what’s known as the Dram Shop Law. The courts recognize that businesses have a duty not to serve alcohol to people who are already clearly intoxicated or to those under 21. If they do, and someone ends up injured, the business may be liable for the harm caused.
These kinds of cases often involve bar liability. For example, if a bartender continues serving drinks to someone who’s slurring their words and can barely stand, and that person then causes a drunk driving crash, the bar could be responsible for the resulting injuries. A South Carolina liquor liability lawyer can help if you or a loved one has been injured by an intoxicated person due to the negligence of a bar or restaurant.
What Is Liquor Liability?
Liquor liability is a legal term for the principle of law that holds businesses, like bars, restaurants, nightclubs, or even convenience stores responsible when they serve alcohol to someone who legally should not be drinking.
By law, commercial sellers of alcohol cannot sell or serve alcohol to a person who’s intoxicated or someone underage. If that person then goes on to hurt someone else, the business that served them could be held legally and financially responsible.
In some instances, liquor liability can also apply to situations where someone gets into a physical altercation, falls and injures themselves, or causes property damage after being served too much alcohol.
Understanding Dram Shop Law in South Carolina
Dram Shop Law is another term for the legal principle in South Carolina that businesses are legally responsible for damages when they serve alcohol to someone who shouldn’t be drinking, and that person goes on to hurt someone else.
While South Carolina doesn’t have a specific “Dram Shop Law,” the courts hold bars, restaurants, and stores liable for irresponsibly serving alcohol. This means that if a bartender keeps pouring drinks for a customer who’s visibly intoxicated, and that person causes a car accident, the bar and bartender can be held legally responsible for the injuries.
The law also applies if alcohol is sold to a minor, even if the minor uses a fake ID or lies about their age. Businesses must properly verify IDs and refuse service to parties attempting to purchase alcohol if something appears suspicious. If they fail to properly verify age and sell alcohol to a minor, and someone gets hurt as a result, they could be liable for damages.
Common Scenarios Involving Liquor Liability
Here are a few common situations where liquor liability may come into play:
Drunk Driving Accidents
A bartender keeps pouring drinks for someone who is intoxicated, and that person decides to get behind the wheel. If the intoxicated person causes a crash, the bar that overserved them could be held responsible to injured parties.
Fights and Assaults
Alcohol and aggression can be a dangerous mix. If a bar continues to serve someone who is becoming belligerent or out of control, and that person ends up starting a fight and hurting someone else, the bar may be liable for not cutting them off or removing them from the premises.
Serving Minors
In South Carolina, it’s illegal to sell alcohol to anyone under 21. If a minor is served at a bar or buys alcohol from a convenience store and then causes an accident or injury, the business that sold the alcohol to the minor can be held legally responsible to the minor or members of the community who are injured.
Pursuing Compensation Under Liquor Liability Laws
South Carolina’s liquor liability laws allow injured people to hold bars, restaurants, and stores accountable when they serve alcohol to someone who is already drunk or underage. If that person then causes harm, the business can be held liable for the damages.
To pursue a liquor liability claim, you will need to show that the business acted irresponsibly by serving someone who was visibly intoxicated or too young to drink. You will also need to prove that their actions directly led to your injury.
These cases can be complex. It’s not always easy to prove that someone was “visibly intoxicated” or that the business knew they were underage. This is where gathering the right evidence early matters.
Evidence such as security footage, witness statements, receipts, and expert analysis can help establish what happened. An experienced attorney can gather this evidence and fight to hold the right people accountable.
What Damages Can You Recover?
Here are some of the damages you may be able to recover in a liquor liability case:
- Medical Expenses: You may be entitled to reimbursement of your medical expenses from the emergency room to ongoing treatment, physical therapy, prescriptions, and future care costs.
- Lost Wages: You also may be entitled to reimbursement for lost income if your injuries keep you from working or will keep you from working in the future.
- Property Damage: If your vehicle or other personal property was damaged in an alcohol-related accident, you may also be entitled to reimbursement of those costs.
- Pain and Suffering: You are entitled to compensation for the physical pain and emotional distress you suffer as a result of the incident.
- Loss of Enjoyment of Life: You may also be entitled to compensation if your injuries keep you from doing things you love to do, such as sports, hobbies, and time with family.
- Wrongful Death Damages: If you have lost a loved one due to someone else’s negligent alcohol service, you may be able to seek compensation for funeral costs, loss of companionship, and more.
- Punitive Damages: In especially reckless cases, like when a bar knowingly overserves someone to the point of danger, the court may award extra damages to punish that behavior and deter others from doing the same.
How a South Carolina Liquor Liability Lawyer Can Help
Liquor liability cases are not your average injury claims. They can be complicated, especially when you’re trying to prove that a bar or restaurant acted irresponsibly.
An experienced lawyer knows how to thoroughly investigate these cases. Proper investigations may require your lawyer to get surveillance footage from a bar, talk to witnesses who saw how much someone drank, or review receipts to prove how much alcohol was served.
In some cases, expert witnesses may be needed to explain how alcohol affects someone’s behavior and judgment.
A good attorney will also handle all the communication with the insurance companies. These companies often try to avoid responsibility or pressure victims into taking low settlements. Your lawyer will push back and fight for the full amount you deserve.
Contact Our Experienced Liquor Liability Lawyers
If you have been injured because a bar, restaurant, or store carelessly served alcohol, then you might qualify for financial compensation from both the intoxicated person and the bar or restaurant that overserved them.
Our legal team at David R. Price, Jr., P.A., has extensive experience with these types of cases and we can support you through your accident, every step of the way. We are here to help you understand your rights, explore your legal options, and get you the full compensation you are entitled to under the law.
Contact the lawyers at David R. Price, Jr., P.A., at 864-271-2636 for a free consultation.