What happens if someone drinks too much at a party? They might drive a motor vehicle and cause an accident. They might fall. Injury may occur in another way.
Is the party host liable to the person overserved? Are they liable to innocent victims? These questions are called social host liability.
Jordan Law Center’s Greenville dram shop liability lawyer explains social host liability in South Carolina.
What Is Social Host Liability?
Social host liability is the potential legal liability that a host can have when their guests drink.
When someone serves alcohol, and a person drinks too much, harm may occur. Social host liability is the legal concept that the party serving the drinks can be liable for the harm, even if they didn’t directly cause it.
When there is social host liability, an injured victim may seek compensation. The victim must prove their entire case, including that the person was overserved and it was a contributing factor in the harm that occurred.
Understanding Social Host Liability in South Carolina
Social host liability is the liability that may apply when someone gives alcohol to someone else.
It is not the same as the sale of alcohol or a cash bar. The law is different for the commercial sale of alcohol, which is covered under dram shop laws. Social host liability is when someone gives or provides alcohol to someone else for free.
Adults—No social host liability in South Carolina
South Carolina law does not recognize social host liability when the person served is an adult.
Even if the host recognizes that the person is intoxicated and they continue to serve, SC law doesn’t allow a legal claim against the host.
Minors—Social host liability to first and third parties
When a minor is served alcohol, the person providing it may be liable if harm results. In SC, the person serving may be liable to the minor themselves and to anyone else who gets hurt.
The person seeking compensation must prove the causation between the drinking and the harm that occurs. Driving after consumption, with an accident fault, may be enough. No tolerance drinking laws for minors in SC apply with a bodily alcohol content of .02%. The person seeking compensation doesn’t necessarily have to prove that the minor was over the adult legal limit. In addition, harm may result in ways other than driving a motor vehicle, such as injury as a pedestrian, a fall, or assault and battery.
Chart – South Carolina Social Host Liability
| The person served is: | The person seeking compensation is: | Is there social host liability? |
| A minor | The minor served, or their estate | Yes |
| A minor | A third party | Yes |
| An adult | The adult served or their estate | No |
| An adult | A third party | No, but the third party can sue the person who directly caused harm. |
Why are there social host liability laws in South Carolina?
The purpose of social host liability laws is to protect minors and the public from underage drinking. Minors can’t fully appreciate the effects of drinking alcohol, and they often can’t protect themselves.
The courts reason that it is unlawful to give alcohol to a person under 21 years of age (S.C. Code § 61-4-90; § 61-6-4070). They say that social host responsibility laws reduce underage drinking and make hosts vigilant.
Examples of social host liability in South Carolina
A 19-year-old drank alcohol at a cookout and later from bottles stashed in his pocket. He was fatally injured in a one-car accident. The court allowed the wrongful death claim to proceed against the host (Marcum v. Bowden, 372 S.C. 452 (2005)).
A 19-year-old drank at an employee party. Later, they were in a two-car accident, killing themselves and a passenger in the other vehicle. The third-party estate sued the employer and the minor. The minor’s estate also sued the employer. The court allowed the claims (Barnes v. Cohen Dry Wall Inc., Op. 26036 (2005)).
Compare
A party host served alcohol to an adult. The person served drove a vehicle. An accident occurred. The court said that there was no liability for the party host even if they should have known the driver intended to drive. The court said that the injured person could sue the driver directly (Garren v. Cummings & McCrady, Inc., 289 S.C. 348 (Ct. App. 1986)).
A fraternity pledge participated in an initiation night. The night involved consuming large amounts of alcohol. Fraternity members saw he was in distress but did not seek medical attention. The pledge died. The court said that the lawsuit brought by the deceased pledge’s parents could proceed on a general negligence claim, not specifically related to social host liability (Ballou v. Sigma Nu General Fraternity, 291 S.C. 140 (Ct. App. 1986)).
Does the party have to be a certain size for social host liability to apply?
No. There is no minimum party size for social host liability to apply. It may apply any time alcohol is given to a minor, whether the gathering is large or small.
State differences
Note: Social host laws vary significantly among states. Some states apply legal liability to the host, even if the person overserved is an adult. A few states have no social host liability at all. Check what laws apply to your case.
When Social Host Liability Applies
The standard for social host liability is knowingly and intentionally serving alcohol to an underage guest.
Can a Minor Drink Alcohol with Parents in South Carolina?
A minor can drink alcohol with parents in South Carolina on private property. They can’t drink at a restaurant or bar. Alcohol can’t be sold to a minor. Parents may be liable if the minor drives and causes an accident.
How a Greenville Social Host Lawyer Can Help
If you or a loved one has been hurt, we invite you to contact a Greenville lawyer. At Jordan Law Center, our lawyers understand social host and dram shop laws. We are trial lawyers and aggressively pursue compensation for our clients.
We can handle your claim, protect your rights, and seek justice.
Contact
Contact Jordan Law Center to talk to a social host liability lawyer today. Call us at 864-808-1810.
“There is not enough GREAT THINGS I could say about Jordan Law Center.”