When can a dram shop lawsuit be filed?
A dram shop lawsuit may be possible when an establishment serves alcohol to a person who is already intoxicated or knowingly serves alcohol to someone under the age of 21. If that individual later causes an accident or injury, the establishment that served the alcohol may share legal responsibility.
For example, if a bar continues serving alcohol to a patron who is visibly intoxicated and that person later causes a drunk driving accident, victims of the crash may be able to pursue compensation through a dram shop claim.
What damages can be recovered in a dram shop case?
Victims injured by intoxicated individuals may be able to recover compensation for a variety of damages. These damages can include medical expenses, lost wages, rehabilitation costs, and pain and suffering.
In severe accidents, victims may also pursue compensation for permanent injuries, long-term medical care, or wrongful death damages if a loved one was killed.
South Carolina Dram Shop Laws
South Carolina does not have a traditional dram shop statute for civil claims, but liability may arise from violations of existing alcohol service laws. Under South Carolina Code § 61-4-580, it is illegal to knowingly serve alcohol to a person who is intoxicated or to someone under the age of 21.
When a business violates these laws and the intoxicated individual later causes harm, the injured party may pursue compensation through a civil lawsuit. These cases often require strong evidence showing that the establishment served alcohol irresponsibly and that the overservice contributed to the accident.
Common Establishments Involved in Dram Shop Cases
Dram shop liability cases often involve businesses that sell or serve alcohol to the public. These may include bars, restaurants, nightclubs, hotels, concert venues, and social clubs.
In some cases, liability may also involve convenience stores or liquor stores that sell alcohol to underage individuals. Private hosts may also be responsible in situations where alcohol is provided to minors who later cause injuries.
Proving Negligence in Dram Shop Claims
Dram shop cases often require detailed investigation and evidence. Attorneys may review receipts, witness statements, surveillance footage, and employee testimony to determine whether alcohol was served irresponsibly.
Evidence showing that a patron was visibly intoxicated or underage when served alcohol can play an important role in establishing liability.
Speak With a South Carolina Dram Shop Liability Lawyer
If you or a loved one has been injured in an accident caused by a drunk driver, you may have legal options beyond a claim against the driver alone. A South Carolina dram shop liability lawyer can investigate whether a bar, restaurant, or other establishment contributed to the incident.
An experienced attorney can help identify responsible parties and pursue compensation for the injuries and damages caused by the accident.
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