South Carolina has no official dram shop law or social host liability statute. However, state courts still allow injury victims to pursue compensation from bars, restaurants, and other establishments that overserve alcohol to drivers.
You might already know that if you experience injuries and losses due to an accident someone else caused, you can pursue a claim against them for compensation. But a dram shop law allows the injured party to also file a lawsuit against a bar owner or other alcohol vendor if the drunk driver became intoxicated on the premises.
If you suffered injuries in a South Carolina drunk driving accident, contact a qualified injury attorney for legal help and support. At McKinney, Tucker & Lemel LLC, our experienced accident attorneys can help you seek the compensation you deserve. Call us today for a free case review and learn how our South Carolina accident lawyers can help you.
What Is South Carolina’s Law on Dram Shop Liability?
South Carolina does not have a specific dram shop statute. However, the state courts have upheld liability claims against liquor license holders (bars, liquor stores, etc) who serve alcohol to someone who is under 21 or already intoxicated.
Bars in South Carolina must carry at least one million dollars in liability insurance to pay out any claims arising from this type of liability. Because of this, victims of drunk driving accidents may pursue compensation from both the drunk driver’s insurance company and any establishment serving the driver alcohol shortly before the accident.
How Can South Carolina’s Dram Shop Liability Law Help Me If I Am Hit by a Drunk Driver?
Establishments that serve alcohol are responsible for the damage caused by a drunk driver they overserved or illegally served. If you were hurt in a car crash involving an intoxicated driver, you might be able to pursue compensation from the establishment that served the alcohol to the defendant.
A claim of this type centers on the idea that it is negligent for the establishment to serve alcohol to someone underage or visibly intoxicated. If the court determines the establishment is liable for the drunk driving accident, it might award you money for your injuries and losses. Successful dram shop liability claims also help deter other establishments from serving alcohol to visibly intoxicated people, helping keep South Carolina roads safer.
What Do I Have to Prove in My Dram Shop Liability Claim?
With no official dram shop statute in South Carolina, victims can sue the party that injured them on a theory of negligence. To prove negligence, an injured plaintiff must establish three key elements:
- The alcohol vendor had a duty to use reasonable care to avoid harming others – You must prove that the vendor sells alcohol as part of a business. They have a duty to use reasonable care when serving intoxicating beverages that can impair someone’s driving ability.
- The vendor breached their duty – Establishments serving or selling alcohol must follow the laws on alcohol sales. For example, staff must demand proof of legal age from all customers before serving them alcohol, identify intoxicated customers, and refuse the sale of alcohol to intoxicated or underage customers. If they don’t, this could be evidence that they have breached their duty.
- The breach of duty caused your injuries – You’ll need to prove that your injuries are a direct result of the vendor selling too many drinks to their intoxicated customer. For example, a vendor who overserves a customer that drives away and crashes into your car may have contributed to your injuries and losses.
What Sort of Compensation Can I Sue for in a Dram Shop Liability Claim?
Did you or a loved one suffer injuries due to the negligence of a bar, liquor store, restaurant, or another establishment in South Carolina? You might be able to file a personal injury claim. Types of compensation you can seek in a dram shop liability claim include:
- Medical bills – This includes past, present, and future medical bills related to your injury, such as hospital visits, surgery, medication, physical therapy, rehabilitation, counseling, and other medical care.
- Lost wages – If you missed work due to your injury, you could pursue compensation for the wages you lost and loss of future earning capacity.
- Pain and suffering – Accident victims may also seek compensation for their pain and suffering, including both physical and emotional suffering caused by the accident.
- Wrongful death – If the injury resulted in a fatality, the surviving family members could file a wrongful death claim against the responsible party.
- Punitive damages – In some cases, victims may receive punitive damages if the defendant’s actions were particularly egregious. Punitive damages punish the defendant for their actions, often resulting in much larger awards than other types of damages.
How Long Do I Have to Bring a Dram Shop Liability Claim in South Carolina?
Under South Carolina’s statute of limitations, the time limit for filing a lawsuit for personal injury is three years from the incident date. This means someone who suffered harm due to another party’s negligence can file suit – but only within those three years. Speak with a skilled South Carolina car accident lawyer if you are considering filing an injury lawsuit.
Contact a South Carolina Car Accident Lawyer
If you suffered injuries in a car accident caused by a South Carolina drunk driver, you could be entitled to compensation for your medical bills, lost income, property damage, and other losses. At McKinney, Tucker & Lemel LLC, our attorneys will fight for you and pursue the compensation you deserve. We understand dealing with a car accident is often a traumatic experience, so we work hard to ensure our clients receive the highest level of legal representation. Contact our accident law firm today for a confidential legal consultation with an experienced South Carolina car accident lawyer.
