Bar in South Carolina

South Carolina Dram Shop Laws

According to the National Highway Traffic Safety Administration (NHTSA), South Carolina is tied with Rhode Island for having the highest percentage of fatal traffic accidents attributed to drunk driving. But while drunk drivers bear most of the blame for these collisions, they are not the only ones responsible for their bad behavior. Bars, restaurants, liquor stores, and other alcohol vendors that serve intoxicated or underage customers enable many drunk driving crashes. Fortunately, South Carolina’s dram shop laws let victims of drunk driving crashes find justice when alcohol vendors don’t uphold their obligations.

South Carolina’s Dram Shop Laws Summarized

South Carolina does not have a specific law making restaurants, liquor stores, or other alcohol vendors liable for a collision. However, state law says it’s illegal for any business with a permit to sell alcohol to serve anyone who’s under 21 years old or already intoxicated. South Carolina courts have used this law to permit victims of drunk driving crashes to sue vendors who broke the law by serving an underage or intoxicated customer.

One other crucial point to note is the issue of joint and several liability in South Carolina drunk driving cases. Current South Carolina law says an alcohol vendor may have to pay for all of an injured person’s losses in a drunk driving crash even if the vendor doesn’t bear most of the blame. Why does this matter? Simple: Individual car insurance policies may not cover the full extent of someone’s injuries in a drunk driving crash. On the other hand, state law says businesses with alcohol licenses must carry at least $1 million in liability insurance. That means injured drivers or passengers may have better luck recovering compensation from a vendor than the drunk driver’s insurance.

How Do You Prove a Vendor’s Liability for a South Carolina Drunk Driving Crash?

Proving a bar, restaurant, or other business broke South Carolina law by serving an intoxicated or underage customer can be difficult. Some evidence an experienced attorney can use to support your claim includes:

  • Eyewitness accounts – If anyone at the vendor saw staff serving an underage or intoxicated customer, that can be powerful evidence. Eyewitnesses can describe the customer’s appearance and behavior to show how they were visibly intoxicated. In cases involving underage drunk drivers, the simple presence of the customer at the business can be proof of liability.
  • Receipts – Receipts from a business can show how much alcohol the customer purchased and, if the business is a bar or restaurant instead of a liquor store, the timeline of their purchases. In particular, purchasing high amounts of alcohol in a short period is a strong indicator of potential intoxication.
  • Surveillance footage – Video of the customer at the business can provide an objective view of their actions and any evidence of intoxication. For example, the footage may show the customer having trouble walking or maintaining their balance.
  • Police reports – In some cases, drunk drivers provide information on where they were drinking to the officer who investigates a crash. The driver’s own words can be compelling evidence of intoxication.

Deadline to File a South Carolina Dram Shop Lawsuit

In most cases, you have three years from the date of a drunk driving crash to file a lawsuit against a negligent alcohol vendor. However, certain factors may shorten this deadline. Moreover, it’s critical to call a lawyer right away so they can investigate the incident and preserve essential evidence.

Contact Our South Carolina Dram Shop Lawyers Now

The Myrtle Beach & Florence dram shop lawyers at Willcox, Buyck & Williams, P.A. have extensive experience with these cases and can help you hold a negligent business accountable for their role in causing your injuries. Call now or complete our contact form for a free consultation.