Understanding Dram Shop Law in Columbia, SC

Bars, restaurants, and clubs provide spaces for people to socialize responsibly. However, some individuals, unaware of their limits, may overindulge and impair their judgment. Sadly, this can lead to drunk driving accidents, causing harm or even fatalities on the road.

At HHP Law Group, our Dram Shop Lawyers empathize with the severe consequences drunk driving can have on innocent lives. Committed to aiding those affected by someone else’s intoxication, we work diligently to obtain compensation for individuals injured in accidents caused by patrons who were over served.

What Are Dram Shop Laws?

Dram shop laws, originating from establishments historically selling alcohol by the dram (a small unit of measurement), establish accountability for businesses regarding the actions of individuals consuming alcohol on their premises. Although these laws vary across jurisdictions, they generally hold establishments liable for serving alcohol to visibly intoxicated or underage individuals who subsequently cause harm. 

South Carolina, while not having specific dram shop laws, recognizes dram shop claims through authorization by the state's Supreme Court. These civil claims, expressed solely in monetary damages, often rely on statutes like S.C. Code Ann. §61-4-580, prohibiting alcohol sales to those under 21 and visibly intoxicated persons.

The underlying goal of dram shop claims is to mitigate drunk driving incidents by requiring establishments to cease serving visibly intoxicated patrons. While alcohol affects individuals differently, signs of inebriation, including slurred speech, bloodshot eyes, impaired motor skills, and slowed reaction time, should prompt responsible establishments to cease serving. By addressing the connection between alcohol service and subsequent harm, dram shop laws aim to enhance public safety and reduce the prevalence of drunk driving on the roads.

Key Elements in Establishing Liability in a Dram Shop Claim

In South Carolina, where there is no official dram shop statute, victims can pursue legal action based on negligence, and having a dram shop lawyer can greatly assist in managing the case intricacies. Key elements in establishing liability in a dram shop claim include:

• Duty of Care: The alcohol vendor had a duty to use reasonable care to avoid harming others. The vendor sells alcohol as part of a business, and they must exercise reasonable care when serving intoxicating beverages that can impair someone’s driving ability.

• Breach of Duty: The vendor breached their duty by not following laws on alcohol sales. Staff must demand proof of legal age, identify intoxicated customers, and refuse alcohol sales to those who are intoxicated or underage. Failure to do so may be evidence of breaching their duty.

• Causation: The breach of duty directly caused your injuries. You must demonstrate that your injuries result from the vendor overserving an intoxicated customer. For instance, if the vendor serves excessively to a customer who later causes a car accident, the vendor may be held responsible for contributing to your injuries and losses.

Dram Shop Liability Damages

If you have been harmed by someone who was overserved, you may have suffered from serious injuries. Dram shop cases are civil claims, and any compensation that is successfully recovered goes toward the losses you have experienced due to your injuries. These losses often include:

• Medical Expenses: Any injury, whether minor or severe, can quickly become a financial burden. A settlement may provide resources for both current and future medical expenses.

• Pain and Suffering: Injuries can be physical, mental, and emotional, impacting daily life. 

• Lost Wages: The combination of medical bills and an inability to work can lead to a financial crisis. Compensation should account for lost wages due to injuries preventing work.

• Property Damage: Drunk driving accidents can cause significant damage to vehicles and other property. A settlement can cover the repair or replacement costs.

• Wrongful Death: In cases where drunk driving incidents result in fatalities, establishments that over served the intoxicated driver may share responsibility.

Contact a Dram Shop Lawyer in Columbia, SC

South Carolina law provides victims with up to three years from the time of the injury to file a dram shop liability claim, offering a seemingly generous timeline. However, taking prompt action is advisable. Consulting with a dram shop lawyer while memories are fresh allows for a clearer understanding of the events. Given that injuries often pose a financial burden, initiating the legal process promptly enhances the chances of securing necessary financial resources expeditiously.

If you've been a victim of a drunk driver who may have become overly intoxicated at a bar, restaurant, or other establishment, HHP Law Group is ready to assist. Contact our dram shop lawyers today to explore how we can help you pursue compensation and ensure accountability for all responsible parties involved in the wrongdoing.