Dram Shop Liability Lawyers in South Carolina

While drunk drivers in South Carolina are ultimately responsible for collisions they cause, in many cases, they are not the only liable parties. SC courts have historically found that bars, restaurants, liquor stores, and other vendors who knowingly sold alcohol to anyone who is under 21 or intoxicated can be liable for injuries sustained in drunk driving accidents that resulted. However, holding these parties accountable is challenging and requires an experienced, committed legal team.

The Summerville, SC, dram shop liability lawyers at Murphy Crantford Meehan can help you hold negligent vendors liable for contributing to injuries you sustained in a drunk driving accident. With over 50 years of combined legal experience and a proven record of success for our clients, we have the knowledge, resources, and determination to help you recover maximum compensation. We’ll handle all the legal work for you, letting you focus on healing and other matters. Call our Summerville personal injury lawyers today or complete our contact form for a free consultation.

What Is Dram Shop Liability?

“Dram shop liability” is a body of law that governs commercial alcohol sales. Under this theory of liability, a bar, restaurant, or other place that serves alcohol can face accountability if it serves alcohol to someone who is underage or clearly drunk and that person then causes an accident that injures others. The term “dram shop” comes from Britain where vendors, called “dram shops,” once sold alcohol by the dram, a small unit of liquid.

In South Carolina, state laws and court precedents give those injured in drunk driving accidents the right to sue alcohol vendors in certain circumstances. If a bar or restaurant ignores these rules and someone gets hurt because of their actions, the injured person can file a claim against the business.

Who Can File a Dram Shop Claim in South Carolina?

Anyone injured by a drunk driver can file a dram shop claim against the vendor who last served the driver. However, to succeed with a dram shop claim, you must prove that the establishment knowingly served alcohol to someone who was either underage or visibly intoxicated. Witness statements, receipts, video footage from the vendor, and other evidence can help support your claim. It’s also a smart move to work with an experienced attorney who understands these cases, as they can build your case and negotiate on your behalf for fair compensation.

Who Can Be Sued in a Dram Shop Case?

Depending on the facts of the case, liable parties in a dram shop liability claim could include:

• Bars
• Restaurants
• Liquor stores
• Nightclubs
• Taverns
• Event venues (concert halls, sports arenas, etc.)
• Other alcohol vendors

Sometimes, it’s possible to sue social hosts if they serve alcohol to minors who then cause an accident. However, homeowners and social hosts are generally not liable for serving alcohol to someone who is visibly intoxicated. This means private individuals don’t face the same level of liability as commercial vendors in South Carolina dram shop claims.

What Are South Carolina’s Laws Regarding Liability and Drunk Driving?

South Carolina does not have an official dram shop law on the books. However, state law says “no holder of a permit authorizing the sale of beer or wine” or their agent can knowingly:

• Sell beer or wine to someone under 21 years old
• Sell beer or wine to an “intoxicated person”

The law does not say that breaking this rule makes an alcohol vendor liable in a dram shop claim. However, state courts have allowed dram shop claims against bars, liquor stores, and other alcohol vendors based on this law. South Carolina lawmakers have introduced a bill to create a formal dram shop law that hasn’t yet passed the Legislature.

It’s also worth discussing South Carolina’s drunk driving laws in general. There are two types of drunk driving charges in South Carolina. The first type is when the police catch a driver with a blood alcohol concentration (BAC) of 0.08% or higher. The law says that anyone with a BAC of 0.08% or more is automatically considered impaired. It doesn’t matter if the police have no other evidence of impairment. Lawyers sometimes call this type of drunk driving charge “DUI per se.”

The police can also arrest someone on suspicion of DUI if they have consumed any amount of alcohol that affects the driver’s abilities. For instance, a driver might face a DUI charge if they’re caught weaving through traffic or speeding with a BAC of 0.05%.

Lastly, let’s briefly discuss the penalties for drunk driving in South Carolina. A first-time DUI offense is usually a misdemeanor if the driver does not injure anyone else. However, if a driver causes a severe injury while impaired, the charge escalates to a felony, with potential penalties including up to 15 years in prison and a maximum fine of $10,100. If an impaired driver kills someone in a crash, they could go to prison for up to 25 years and face a maximum fine of $25,100.

South Carolina Drunk Driving Accident Statistics

According to the South Carolina Department of Public Safety, accidents involving drivers with a BAC of 0.08% or higher killed 35 people in Dorchester County over five years. During that same period, an estimated 610 non-fatal collisions involving impaired drivers occurred.

Authorities also estimate that 43 percent of all South Carolina traffic deaths in one recent year occurred in drunk driving crashes. For comparison, about 32 percent of all traffic deaths nationwide for that year occurred in impaired driving accidents.

Damages Available in Dram Shop Cases

Your potential compensation in a South Carolina dram shop case depends on the extent of your injuries, the cost of your medical treatment, your lost income while you heal, and other factors. An experienced and knowledgeable attorney can help you seek maximum compensation for your losses, including money for:

• Past and future medical expenses related to the crash
• Any income lost while you heal from your injuries
• Reduced future earnings due to accident-related injuries
• Diminished quality of life due to a long-term injury or disability
• Pain and suffering
• Emotional distress
• Damaged personal property, if applicable

How Do You Prove Liability in a Dram Shop Claim?

Gathering the right evidence is crucial to proving a dram shop claim in South Carolina. Here are some types of evidence that can help prove an alcohol vendor acted negligently and how they contributed to your injuries:

• Witness Statements: Testimony from people who saw the establishment serve the drunk driver can be powerful evidence in a dram shop claim. Witnesses can describe the impaired driver’s behavior and appearance, showing they were visibly intoxicated.
• Receipts and Credit Card Records: These documents can show how much alcohol the driver purchased and consumed at the establishment. High amounts in a short time can indicate over-serving.
• CCTV or Other Footage: Video evidence from the bar or restaurant can capture the driver’s condition and behavior, demonstrating how they were visibly intoxicated when served.
• Police Reports: If the police responded to the scene of the accident, their report might include details about the driver’s intoxication and where they were drinking.
• Social Media Posts: Sometimes, people post about their night out, including pictures or videos that show them drinking excessively at a specific location.
• Expert Testimony: Experts can analyze the evidence and provide an opinion on whether the alcohol vendor should have known the driver was intoxicated.

Deadline to File a Dram Shop Liability Lawsuit in South Carolina

Under South Carolina law, you typically have three years from the date you sustained your injuries to file a lawsuit against the at-fault establishment. If you miss this deadline, the courts will most likely dismiss your case, leaving you without a way to hold the alcohol vendor liable.

We recommend you speak to an attorney about your case as soon as possible after an accident. Crucial evidence can disappear or deteriorate within days or weeks, but a lawyer can take steps to preserve this evidence. Your lawyer can also start building your case while you heal.

How Our Summerville, SC, Dram Shop Lawyers Can Help You

Our Summerville, SC, dram shop lawyers can support you through this challenging time. When you choose us to handle your claim, you can rest assured that we will take care of all the legal work while you focus on resting and healing.

First, we’ll gather all the necessary evidence to build a strong case. This includes collecting witness statements, reviewing receipts and credit card records, obtaining surveillance footage, and analyzing police reports. We will also work with experts to strengthen your claim and prove the alcohol vendor’s liability.

Next, we’ll handle all communication and negotiations with the insurance companies on your behalf. Our team has the experience and knowledge to protect your rights and help you recover fair compensation.

Throughout the process, we will keep you informed and provide the support you need.

Contact Our Summerville, SC, Dram Shop Liability Attorneys Now

Let Murphy Crantford Meehan handle the legal details of your case, giving you peace of mind and the time you need to recover. Call us today or reach out online for a free case review.