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Understanding Liquor and Bar Liability: Dram Shop Cases in South Carolina

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

What is Dram Shop?

Understanding Liquor and Bar Liability: Dram Shop Cases in South Carolina

Alcohol-related accidents can lead to devastating consequences for victims and their families. In South Carolina, businesses and individuals that serve alcohol may be held accountable under dram shop laws if their negligence contributes to a personal injury. Understanding liquor and bar liability is crucial if you or a loved one has been injured in an alcohol-related incident. This guide will explain dram shop laws in South Carolina, who can be held liable, and how to pursue a claim.


What Are Dram Shop Laws?

Dram shop laws hold bars, restaurants, and other establishments accountable for serving alcohol to individuals who later cause harm to others. These laws aim to reduce alcohol-related injuries and deaths by encouraging responsible alcohol service.

In South Carolina, a business or individual may be held liable if:

  • They served alcohol to a visibly intoxicated person.
  • They served alcohol to a minor under the legal drinking age of 21.

Common Scenarios in Dram Shop Cases

Dram shop cases often involve:

  1. Drunk Driving Accidents: If a bar overserves a patron who then causes a car accident, the establishment may be liable for damages.
  2. Assaults or Fights: An establishment may be held responsible if they overserve someone who later engages in violent behavior.
  3. Minor-Related Accidents: Serving alcohol to underage patrons can result in liability if those minors cause harm to themselves or others.

Proving Liability in a Dram Shop Case

Dram shop cases can be complex, requiring strong evidence to prove liability. Key elements include:

  1. Proof of Service: You must show that the establishment served alcohol to the person responsible for the injury. Receipts, eyewitness testimony, or surveillance footage can help establish this fact.
  2. Visible Intoxication: You'll need evidence that the individual was visibly intoxicated when served. Signs may include slurred speech, poor coordination, or erratic behavior.
  3. Causation: It must be clear that the overserved individual's intoxication directly caused the injury.

Who Can Be Held Liable?

Under South Carolina dram shop laws, the following parties may be held liable:

  • Bars and Restaurants: For overserving visibly intoxicated patrons or serving minors.
  • Event Hosts: In cases of private events, a host who provides alcohol to a visibly intoxicated person or a minor may also be held responsible.
  • Liquor Stores: Selling alcohol to a minor or someone visibly intoxicated can result in liability if harm occurs.

Damages You May Recover

Victims in dram shop cases may seek compensation for:

  • Medical expenses related to injuries.
  • Lost wages from time missed at work.
  • Pain and suffering for emotional and physical distress.
  • Punitive damages to punish egregious negligence, such as knowingly serving a minor.

Steps to Take After an Alcohol-Related Injury

If you've been injured in an alcohol-related incident, take these steps to protect your claim:

  1. Document Everything: Collect photos, medical records, police reports, and any other evidence related to the incident.
  2. Identify Witnesses: Eyewitnesses can provide crucial testimony about the intoxicated individual's behavior or the establishment's actions.
  3. Consult a Dram Shop Attorney: A knowledgeable South Carolina personal injury attorney can investigate the case, gather evidence, and navigate the complexities of dram shop liability.

Why Choose Our Firm?

With offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, we have extensive experience handling dram shop and personal injury cases across South Carolina. Our team is dedicated to holding negligent establishments accountable and securing the compensation you deserve.


Contact Us for a Free Consultation

If you or a loved one has been injured due to the actions of an intoxicated individual, you may have a dram shop case. Contact our South Carolina offices today for a free consultation. We'll evaluate your claim and fight for justice on your behalf.

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

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