Dram Shop Liability Lawyer Boiling Springs

When a bar or restaurant overserves alcohol to a visibly intoxicated person who then causes harm, the consequences can be devastating—and legally complex. At Langley Law Firm, we help victims hold negligent establishments accountable through South Carolina’s dram shop laws. If you or a loved one has been injured due to the reckless actions of an intoxicated individual, you may have grounds for a claim against the business that served them. As a dram shop liability lawyer serving Boiling Springs, we are committed to pursuing justice and compensation on your behalf. Call (864) 667-6144 today to schedule your free consultation and learn more about your legal options.

How to Prove a Business Over-Served a Drunk Driver in Boiling Springs

In South Carolina, businesses that serve alcohol have a legal duty to do so responsibly. When they ignore this responsibility and serve someone who is visibly intoxicated, they can be held liable if that person causes an injury. These cases fall under what’s known as dram shop liability. In Boiling Springs, proving that a bar or restaurant over-served someone who later caused harm can be difficult—but not impossible.

Understanding South Carolina’s Dram Shop Laws

South Carolina does not have a specific “dram shop statute” like some other states. However, courts have consistently allowed victims to pursue claims against alcohol-serving establishments under general negligence principles. This means a bar, restaurant, or even a convenience store can be held liable if they served alcohol to someone who was already noticeably intoxicated and that person later caused injury or death.

To win a case, the injured party must prove:

• The business served alcohol to someone who was visibly intoxicated

• That person’s intoxication directly led to the injury or accident

The focus often centers on the first point—proving over-serving. This is typically the most difficult and contested part of a dram shop liability case.

What Is Considered Over-Serving?

“Over-serving” occurs when a business continues to sell or provide alcohol to a customer who is clearly intoxicated. This may include serving more drinks when someone is slurring their speech, stumbling, or behaving aggressively.

South Carolina law prohibits serving alcohol to a person who is visibly drunk. Despite this, some servers fail to cut patrons off, especially in fast-paced bar environments. Whether it’s due to lack of training or an unwillingness to lose a customer, this kind of negligence can lead to tragic consequences.

Types of Evidence That Help Prove Over-Serving

No single piece of evidence will usually be enough to prove a bar over-served someone. Most successful dram shop cases rely on a combination of documentation, witness accounts, and sometimes expert analysis. Below are key sources of evidence that may help.

Eyewitness Testimony

Witnesses are often the strongest evidence in a dram shop case. Bystanders, other patrons, or even bar employees may recall how the individual appeared or acted before leaving the establishment. Did the person fall off their stool? Were they shouting, swaying, or visibly impaired?

Collecting statements from people who were there can support the claim that the person was obviously intoxicated and should not have been served more alcohol.

Surveillance Footage

Many bars and restaurants have security cameras inside and outside their premises. Video evidence showing how many drinks were served or how the individual was behaving can be extremely valuable. Footage might reveal slurred movements, stumbling, or interactions with the bartender that support your claim.

Obtaining this footage quickly is critical. Most establishments do not store recordings for long, and some may erase them within days. A lawyer can send a formal letter requesting the footage be preserved.

Receipts and Transaction Records

Drink receipts or credit card transactions can help show how much alcohol was served. For example, if a customer consumed five strong cocktails within an hour, this could support the argument that the business should have known the individual was intoxicated.

Time-stamped receipts, especially when paired with video evidence, can strengthen the timeline and paint a clearer picture of over-service.

Expert Testimony

In some cases, a toxicology expert may analyze how much alcohol the individual likely consumed and how intoxicated they would have been at the time they were last served. This is especially useful if blood alcohol content (BAC) was measured after an accident.

Experts can back up your claim by explaining that, given the drinks served and the person’s weight, height, and gender, they were likely well over the legal limit and visibly intoxicated.

The Role of the Police Report

When a drunk driving accident occurs, law enforcement is usually involved. The police report can provide key evidence, such as the suspected driver’s BAC at the time of the crash, their behavior during the stop, and any statements they made about where they had been drinking.

If the driver admits to being at a particular bar or restaurant, this information can help connect the dots. In some cases, officers may even go to the location to speak with employees or review security footage.

Challenges in Proving Dram Shop Liability

Dram shop cases can be difficult to win because of the high burden of proof. Unlike straightforward car accident claims, these cases often involve reconstructing what happened inside a private business hours before the injury took place.

Businesses may deny wrongdoing, and without clear documentation, it’s easy for them to claim the person didn’t appear drunk. That’s why acting quickly and working with a lawyer who understands how to build a strong case is essential.

Holding Bars Accountable: Your Dram Shop Liability Case Starts Here

If you’ve been injured due to the reckless decisions of an intoxicated individual, the business that served them may share responsibility. Dram shop liability laws exist to protect victims and prevent future harm—but navigating these claims takes skill, determination, and local legal insight. At Langley Law Firm, we understand how to build strong cases against negligent establishments in Boiling Springs and fight for the compensation you deserve. Don’t let a bar’s carelessness go unanswered. Call (864) 667-6144 today to schedule your free consultation with a legal team that knows how to navigate dram shop liability cases.