How Dram Shop Laws Can Affect Car Accident Claims in South Carolina

Dram shop laws can create liability for a restaurant, bar, or tavern that serves an intoxicated person. Dram shop laws do not change the fact that the intoxicated person may also have civil liability for their actions and causing harm to others. A Greenville dram shop liability lawyer explains how these laws can apply to your car accident claim

What Is Dram Shop Liability?

• Dram shop liability is civil liability for a place that serves alcohol by the glass.
• Liability is for knowingly selling alcohol to an intoxicated patron.
• Potential liability is in addition to the responsibility of the intoxicated person for their actions.
• For dram shop liability to apply, harm must result from the person being overserved.

The injured person may initiate a civil claim. They must prove fault of the establishment, causation of harm, and damages.

How can dram shop liability affect a South Carolina car accident claim?

Dram shop liability can give the injured victim another party to claim against when harm occurs because of overserving. The intoxicated person may not have sufficient insurance or other assets to pay compensation. However, holding the serving establishment liable can mean additional assets and insurance to satisfy a claim.

The serving establishment is a different defendant than the intoxicated person, and the facts for establishing liability are different. It is another way to hold those responsible accountable and collect the compensation the victim deserves for their losses.

What is a Dram Shop?

A dram shop is a commercial establishment that serves alcohol in small servings. In other words, it is a bar, restaurant, or other place that serves alcohol for immediate consumption. The name comes from the dram, an old word for a unit of measurement used to sell alcohol.

So when we talk about dram shop laws, we’re talking about laws that apply to drinking establishments, whether it is a bar or other place that serves drinks, possibly along with food, entertainment, or other things.

Does South Carolina Have a Dram Shop law?

S.C. Code § 61-4-580 prohibits a beer or wine seller from knowingly selling alcohol to an intoxicated person. In addition, they may not knowingly sell to someone under 21 years old.

While the law is not a dram shop law, it has been interpreted by the South Carolina Supreme Court to create liability for a bar or restaurant overserving a patron.

Why isn’t the South Carolina law a Dram Shop law?

S.C. Code § 61-4-580 sure sounds like a dram shop law. It prohibits a bar or restaurant from knowingly serving an intoxicated person.

However, the exact definition of a dram shop law is one that directly creates a claim for compensation by an injured party. If the law only authorizes criminal or civil penalties, without also adding third-party liability, it’s not officially a dram shop law.

However, § 61-4-580, as interpreted by the South Carolina courts, effectively creates this liability. You might read other sources that say South Carolina does or does not have a dram shop law. They’re both effectively correct. Technically, we don’t, but practically, for holding bars and taverns accountable for overserving, we do.

How Overserving Alcohol Can Lead to Car Accidents

Alcohol consumption impairs judgment, slows reflexes, and impairs coordination. It worsens a person’s driving skills, physically and mentally. Thirty-two percent of traffic fatalities involve a drunk driver.

An establishment that serves alcohol can reduce the risk of drunk drivers by declining to serve a patron when they know they are intoxicated. Overserving may increase the likelihood of driving under the influence and the overall risk of car accidents.

Proving a Dram Shop Liability Case in South Carolina

To prove dram shop liability in South Carolina, you must show:

1. The bar had a duty of care to avoid overserving. This should apply if the victim is a third party (not the person drinking).
2. The bar overserved, breaching their duty of care. Whether overserving occurred depends on the individual situation.
3. Harm occurred. Overserving must be the cause of harm to the third party.
4. Damages are payable. Compensation is due to the victim because of financial losses and personal suffering.

Challenges in Proving Liability

A dram shop case often depends on the facts and witness testimony. Proving that the establishment’s employees should not have continued to serve a patron is a high burden. Of course, workers aren’t likely to admit responsibility.

The case may depend on effective witness questioning. The attorney representing the plaintiff must elicit testimony from hostile or biased witnesses. They must identify third-party witnesses, records of receipts and sales, and other evidence that may prove the case. Training records may show that employees were informed of how to identify signs of intoxication.

Other common issues include comparative fault, pre-trial motions regarding the admissibility of evidence, and calculation of damages.

Notable South Carolina Dram Shop Court Cases

Christiansen v. Campbell, 285 S.C. 164 (Ct. App. 1985)—The case says that the South Carolina serving law is effectively a dram shop law.

Daley v. Ward, 303 S.C. 81 (Ct. App. 1990)—A driver was served at the defendant’s bar, then the driver rear-ended the victim. The court said that the injured third-party victim fell within the class of persons protected by the state statute.

Tobias v. Sports Club, Inc., 332 S.C. 90, 92 (1998)—No first-party liability; you can’t sue the establishment if you’re the person who was over-served.

How a Car Accident Lawyer Can Help You

A car accident lawyer can help you determine if dram shop liability applies to your case. In pursuing your claim, a car accident lawyer can address the common issues that may arise.

To talk to a car accident lawyer handling dram shop claims, contact Jordan Law Center.