Charleston Dram Shop Lawyer Explains How a Bar, Restaurant, or Party Host Could Be Liable for Your Drunk Driving Accident Injuries
Charleston is celebrated for its rich history, architecture, and thriving food and beverage scene. From lively downtown bars to waterfront seafood restaurants, there are countless establishments where residents and visitors can enjoy alcoholic beverages. However, when bars, restaurants, and nightclubs overserve patrons who then get behind the wheel, the consequences can be catastrophic.
Over the past few years, dozens of people have died and hundreds have been injured in Charleston drunk driving accidents. The drunk driver should be held accountable for the crash. However, the drunk driver may not be the only defendant. An experienced Charleston dram shop lawyer at Derrick Law Firm Injury Lawyers can investigate what caused your accident and advise you as to whether you have a valid dram shop liability claim against the bar, restaurant, or social host who contributed to the drunk driving accident.
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Dram Shop Law
The term "dram shop" dates back to 18th and 19th-century Britain, when spirits, such as gin and whiskey, were sold by the dram. A dram is a unit of measurement equal to one-eighth of a fluid ounce. Over time, a dram shop came to include any business serving alcoholic beverages for on-premises consumption, such as bars, taverns, pubs, and restaurants.
In the United States, a dram shop is any business with a liquor license that allows it to sell alcohol to customers. Dram shop liability laws aim to hold these businesses accountable when they overserve alcohol and a drunk driving accident occurs.
South Carolina Dram Shop Law
South Carolina does not have a specific dram shop statute. However, the state's common law precedents established through court rulings allow dram shop liability claims against bars, restaurants, and other liquor-licensed businesses when they serve:
- A visibly intoxicated patron
- Someone under the legal drinking age of 21
To prove dram shop liability, your Charleston dram shop lawyer must show through evidence like surveillance footage, witness testimony, receipts, and the establishment's policies that the business knew or should have known the patron was visibly intoxicated or underage when they continued serving them alcohol.
South Carolina Social Host Liability Law
Social host liability refers to the legal responsibility of private individuals who provide alcohol to someone else at a house party or private event. Each state has its own social host laws, and in South Carolina, social host law is limited.
South Carolina hosts aged 21 and older can only be held liable if they served alcohol to underage individuals. It doesn’t matter if the underage drinker was intoxicated or not. For a social host liability claim, your Charleston dram shop lawyer does not need to prove the host saw signs of intoxication, only that they furnished alcohol to someone they knew or should have known was under 21.
Two Reasons to Pursue a Dram Shop Case
After being injured by a drunk driver, you are likely dealing with mounting medical bills, lost income, pain, suffering, and other damages. While you can pursue a claim against the drunk driver, there may be several compelling reasons also to seek compensation from the negligent establishment that overserved them:
1. Bars and Restaurants Often Have Greater Insurance Coverage and Assets
Businesses like bars and restaurants usually have more insurance coverage and assets than individual drunk drivers. An intoxicated individual may lack the funds or insurance limits to cover your medical expenses, lost wages, pain, suffering, and other costs. However, established businesses may have the necessary insurance coverage to cover your damages.
2. Dram Shop Claims Promote Public Safety
Holding bars, restaurants, and other establishments financially accountable for negligently serving people who are intoxicated or underage may act as a deterrent and encourage similar businesses to prioritize responsible alcohol service. This may prevent future drunk driving accidents in the Charleston area.
Possible Damages in a Charleston Dram Shop Case
If your Charleston dram shop lawyer can prove that an establishment's negligent service of alcohol caused the drunk driving accident that hurt you, you may be able to recover compensation for damages, including:
- All medical expenses related to treating your injuries, including emergency care, hospital stays, surgeries, medications, medical equipment, rehabilitation, and follow-up treatment
- Anticipated future medical costs if you will require ongoing care
- Lost income if you can’t work from being unable to work during recovery
- Loss of future earning capacity if you cannot return to the same job
- Pain and suffering for your physical injuries and emotional trauma
- Permanent disability or disfigurement
- Reduced quality of life
- Property damage repair or replacement costs
In some cases, more than one bar or restaurant and the drunk driver may be liable for paying damages. Every case is unique, and our past results do not guarantee an outcome in your case. However, our lawyers have experience recovering damages from more than one defendant in a dram shop case.
Benefits of Hiring a Charleston Dram Shop Lawyer
Since South Carolina law recognizes dram shop liability claims, you may wonder whether you need to hire a Charleston dram shop attorney. You have the right to represent yourself. However, dram shop cases often require extensive investigation and compelling arguments to hold an establishment accountable for your injuries. It can be stressful and time-consuming to do this on your own. However, an experienced dram shop lawyer will work hard to help you:
Establish Liability
Your attorney will work to compile documentation showing the establishment knew or should have known the patron was visibly intoxicated or underage yet continued serving them alcohol. This may involve obtaining the following:
- Surveillance camera footage
- Witness statements from staff or other patrons
- Receipts showing the number of drinks served
- Results of any breathalyzer or blood alcohol tests
- Reviewing the establishment's training and alcohol service procedures
It's not enough just to show the bar or restaurant overserved the at-fault driver. Your lawyer must also prove that the overservice caused your drunk driving accident injuries. This may involve considering the time between the last drink served and the crash and reconstructing how the collision occurred.
Calculating Compensation
Dram shop lawyers understand how to accurately value the total damages you have suffered, including projected future medical costs, lost earning potential, and non-economic damages. They fight to recover fair compensation from all liable parties, including the bars and restaurants that overserved the drunk driver before your accident and the drunk driver.
Insurance Negotiations and Court Representation
Your attorney will negotiate with all insurance companies involved to push for a full and fair settlement covering your damages. If they refuse to agree to reasonable compensation, your lawyer may take the case to trial.
Ultimately, hiring a Charleston dram shop lawyer to represent you evens the playing field against bars, restaurants, and their insurers who have legal teams protecting their own interests.
While no amount of money can undo the harm caused by a drunk driving accident, holding all negligent parties accountable through a dram shop claim can provide a sense of justice and the financial support needed to rebuild your life.
