How Dram Shop Liability Applies in South Carolina Drunk Driving Cases

In South Carolina, the aftermath of a drunk driving incident can extend beyond the individual behind the wheel. This blog post provides factual insights into the concept of Dram Shop liability and how it applies in DUI cases within the state. Understanding this legal principle is essential for those affected by drunk driving accidents.

Defining Dram Shop Liability

Dram Shop liability refers to the legal responsibility of establishments that serve alcohol for the consequences of over-serving patrons. In South Carolina, this means that a bar, restaurant, or any alcohol-serving establishment may be held liable if they knowingly served alcohol to a person who was visibly intoxicated, and that person later causes a drunk driving accident.

Proving Negligence

For Dram Shop liability to apply, it’s crucial to establish negligence on the part of the alcohol-serving establishment. This involves demonstrating that the establishment knowingly served alcohol to a visibly intoxicated person or someone underage. Evidence such as witness testimonies, surveillance footage, or credit card receipts can contribute to proving negligence.

Visible Intoxication Standard

South Carolina follows the “visible intoxication” standard, meaning that the establishment should have reasonably observed signs of intoxication in the patron. This can include slurred speech, unsteady movements, or other noticeable signs of impairment. Establishments have a duty to refuse service to patrons exhibiting such signs.

Social Host Liability

Dram Shop liability extends not only to commercial establishments but also to social hosts in certain situations. If an individual or private host serves alcohol to a guest who is visibly intoxicated and that guest later causes a drunk driving accident, the host may be held liable under South Carolina law.

Limitations on Damages

It’s important to note that South Carolina has limitations on the damages that can be recovered in Dram Shop liability cases. The state’s laws cap the amount of compensation that can be sought against an alcohol-serving establishment. However, pursuing such claims can still provide a means of accountability.

Contributory Negligence Considerations

South Carolina follows a modified comparative negligence system, which means that if the injured party is found partially responsible for the accident, their damages may be reduced. This factor can impact the outcome of a Dram Shop liability case, highlighting the importance of gathering strong evidence to establish the establishment’s negligence.

Consulting Legal Professionals

Navigating Dram Shop liability cases can be complex. Individuals affected by drunk driving accidents should consult with legal professionals experienced in personal injury law and DUI cases. Legal professionals can assess the circumstances, guide victims through the legal process, and help determine the viability of a Dram Shop liability claim.

Conclusion

Understanding Dram Shop liability is crucial for those impacted by drunk driving accidents in South Carolina. Whether injured individuals or their families, being aware of this legal principle and consulting with legal professionals can be instrumental in seeking accountability and compensation from alcohol-serving establishments that contribute to such unfortunate incidents.