Alcohol-related accidents are among the most devastating on South Carolina roads. Many accident victims suffer physical injuries, emotional trauma, and emotional distress that dramatically affect their quality of life and may even result in diminished quality over long periods of time. One common question is whether parties accountable for such crashes extend beyond the intoxicated driver.
A common source of liability in these cases? The bar or restaurant that served the alcohol. Under South Carolina’s dram shop laws, the answer is yes,under specific circumstances. These legal claims are especially vital when the fault driver is uninsured or underinsured, and when jail time may not be enough to cover the damage done. This article explains how dram shop liability cases work and why they’re a potential source of justice for accident victims.
What Are Dram Shop Laws?
Dram shop liability laws hold alcohol vendors responsible when they serve alcohol to someone who then causes harm. Though South Carolina has no formal dram shop statute, its common law and judicial decisions allow these claims under negligence and existing alcohol regulations. These laws discourage over-serving and promote community safety.
How South Carolina Handles Dram Shop Liability
The South Carolina experienced Lawyers directory confirms that courts recognize dram shop liability cases when:
- Alcohol is served to underage persons
- Alcohol is served to visibly intoxicated persons
In such scenarios, the legal claim may extend to both the driving car accident perpetrator and the business that served them. These types of personal injury cases often aim to restore the quality of life lost and compensate for emotional distress.
What You Need to Prove in a Dram Shop Liability Case
To hold a bar or restaurant liable, the following must be established:
- The establishment served alcoholic beverages
- The person was underage or visibly intoxicated
- Alcohol was a proximate cause of the drunk driving crash
Even if no deadly substance was involved, these types of claims are treated seriously under South Carolina law.
Strict Liability for Serving Minors
Under South Carolina law, bars are subject to strict liability when they serve alcoholic beverages to minors. In these situations, jail time may result,but so can financial compensation for the injured, even if the server was unaware of the individual’s age.
Serving a Visibly Intoxicated Person
Evidence needed to prove this includes:
- Slurred speech
- Rapid purchases shown on receipts
- Eyewitnesses
- Surveillance footage
These details are a source of asbestos exposure-level scrutiny because like toxic substance asbestos, serving alcohol to someone visibly intoxicated poses extreme health risks and risk for exposure to harm. Establishments often try to hide evidence, making it essential to work with Ted Law Firm or another firm skilled in handling dram shop liability cases.
Challenges in Proving Dram Shop Cases
Proving these personal injury claims is labor-intensive. Bars might destroy video evidence or deny service history. Victims must act fast to preserve:
- Video footage
- Receipts
- Toxicology expert reports
It’s crucial to partner with a firm for product liability, premises liability, or even asbestos-related injuries,as many of the investigation methods overlap. In fact, Ted Law Firm in Myrtle Beach, a legal team with a history of tackling class actions and class action lawsuits, is well-equipped for these situations.
Real-World Example: Establishment Held Liable
Imagine a Columbia bar continues to serve a patron who is clearly intoxicated,stumbling, yelling, exhibiting slurred speech. He then causes a driving car accident on I-26. That bar could be held legally accountable just like a manufacturer of a dangerous product, dangerous substances, or deadly substance would be.
Compensation in Dram Shop Lawsuits
Victims may recover compensation for:
- Medical care costs
- Lost wages
- Property damage
- Emotional trauma
- Emotional distress
- Punitive damages
- Damages affecting life expectancy
Even if the driver lacks coverage, South Carolina law requires bars open past 5 p.m. to carry $1 million in liability insurance.This insurance becomes a potential source of fair compensation for those who suffer from the risk factor of drunk driving incidents.
Statute of Limitations
South Carolina gives you three years from the date of the accident to file a legal claim. Missing the filing deadline could prevent you from getting compensation for your physical injuries or emotional distress.
Can a Social Host Be Sued?
Yes. Under social host liability, individuals can be held liable for knowingly serving alcohol to minors,just like they might be in medical malpractice litigation or securities litigation. However, serving intoxicated adults does not usually lead to lawsuits unless dangerous substances are involved or there’s evidence of negligence.
Steps to Take After a Drunk Driving Crash
- Call law enforcement
- Seek medical care
- Document everything
- Call a personal injury lawyer
- Contact Ted Law Firm,trusted in numerous practice and respective practice areas, including dram shop liability, class actions, and asbestos-related injuries
Ted Law Firm: Fighting for Fair Compensation
At Ted Law Firm, our attorneys,many of whom graduated cum laude,leave no stone unturned. Whether it’s identifying a source of asbestos exposure, uncovering a common source of negligence, or suing under dram shop laws, we fight for the full range of your personal injury claim. We proudly represent families in Aiken, Anderson, Charleston, Greenville, Columbia, North Augusta, Orangeburg and Summerville, advocating for accident victims across South Carolina. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
