When a bar or restaurant continues to serve alcohol to an intoxicated person who later causes a drunk driving accident, that establishment can be held responsible for the harm that follows. While South Carolina does not have a formal dram shop statute, the state does recognize dram shop liability through common law. This means that if you were injured by a drunk driver, you may still have the right to bring a claim against the business that overserved them. The attorneys at Willcox Buyck & Williams, P.A. are here to help you understand your options and fight for the compensation you deserve.
No Dram Shop Law in South Carolina
South Carolina has no statute creating dram shop liability, commonly known as a “dram shop law.” South Carolina also has no statute requiring responsible beverage service training, which can provide a defense against dram shop liability in states that have such a statute.
A bill in the South Carolina General Assembly for 2025-2026 seeks to establish a dram shop law. However, this bill has not yet passed the legislature and become law.
Despite the lack of a dram shop law, South Carolina still has dram shop liability under common law. Common law refers to the decisions judges have made in past cases. Common law is also called case precedent. Because South Carolina judges have allowed personal injury cases based on dram shop liability, there is precedent for such cases even though there is no law specifically allowing them.
Proving Dram Shop Liability
How can a lawyer prove that a bar was liable for the actions of an intoxicated patron? Dram shop liability is based on negligence. If the bar’s employees served alcohol to a visibly intoxicated person or someone that they should have known was intoxicated, and that person left the bar and caused a motor vehicle accident that injured someone, the bar could be held liable.
A reasonable person, in this case, the bar’s employee, would not continue to sell alcohol to a person who was visibly intoxicated, knowing that they might drive home and cause a dangerous or even deadly accident. Nor would they continue to sell alcohol to a person who had already drunk enough alcohol to be intoxicated, even if they weren’t showing any visible signs of being drunk.
That’s why the standard in a dram shop liability case is based on what the server knew or should have known. If the server knew or should have known that a patron was intoxicated, then it was negligent to continue serving them, and the bar is liable.
The proposed dram shop law currently being considered by the South Carolina General Assembly uses the same standard, holding the bar liable if it knew or should have known that a patron was or would have become intoxicated, based on:
- Visible signs that would have been obvious to any reasonable person
- The number of drinks the patron consumed while in the establishment
The bar can also be held liable if it serves alcohol to a minor who then goes on to cause property damage or injuries.
Liquor Liability Insurance
Because businesses that serve alcohol can be sued under dram shop liability, the South Carolina Department of Revenue requires them to maintain at least $1 million of liquor liability insurance or general liability insurance with an endorsement for liquor liability.
Damages Available in a Dram Shop Liability Case
A dram shop liability case can seek the same compensation for the injured party as any other personal injury case in South Carolina, including:
- Medical expenses
- Lost income
- Lost future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Property damage
Contact a Myrtle Beach & Florence Dram Shop Liability Lawyer Today
Under South Carolina’s statute of limitations, an injured person has three years to file a personal injury lawsuit. Willcox, Buyck & Williams, P.A., is a law firm trusted by businesses and individuals in South Carolina for the past 125 years. If you have a legal problem to resolve, we will have your back. Contact Willcox, Buyck & Williams, P.A., immediately.
With law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. also serves Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.