Your Guide to Myrtle Beach Dram Shop Claims

A Myrtle Beach Dram Shop Lawyer Answers Your Questions

Myrtle Beach has more restaurants per capita than Paris, Rome, or New York City. Residents and visitors safely enjoy meals and drinks at these establishments. Unfortunately, sometimes bars, restaurants, and nightclubs make dangerous mistakes by overserving intoxicated individuals or underage people who then get behind the wheel and cause catastrophic drunk driving accidents.

If you’ve been hurt by a drunk driver, a Myrtle Beach dram shop lawyer at Derrick Law Firm Injury Lawyers can investigate what happened to you, identify all possible defendants, and fight to protect your legal rights. First, however, we will answer all your questions during this difficult time. Below are some common questions our Myrtle Beach dram shop attorneys hear. We are also available to answer your personal questions if you contact us for an initial consultation.

What Is a Dram Shop?

South Carolina Dram Shop Victim Lawyer | Myrtle Beach Dram Shop Victim Lawyer

Dram shop is not a term we typically use in Myrtle Beach. The term "dram shop" refers to establishments such as bars, taverns, or pubs where alcoholic beverages are sold and served to customers. These establishments play a significant role in the social and recreational aspects of communities, but they also have a responsibility to serve alcohol responsibly.

The term "dram" originally referred to a small unit of measurement for liquor, particularly whiskey, in Scotland and England during the 18th and 19th centuries. Dram shops were the places where individuals could purchase and consume these small quantities of alcohol. Over time, the term broadened to encompass any establishment where alcohol was sold by the dram, leading to the modern usage of "dram shop" to describe bars and similar venues.

Today, a dram shop typically refers to any business where alcoholic beverages are sold for on-premises consumption. This includes bars, restaurants, nightclubs, and other similar establishments in Myrtle Beach and throughout the country.

Does Myrtle Beach Have a Dram Shop Law?

South Carolina does not have a dram shop statute or social host liability statute. However, common law, established by South Carolina courts, creates dram shop and social host liability.

Myrtle Beach Dram Shop Law

In Myrtle Beach and throughout South Carolina, bars, restaurants, and other businesses may be liable in dram shop lawsuits if they knew or should have known they were serving:

An intoxicated person. The business’s knowledge may be based on the type and number of drinks a person was served and the person’s behavior.

A person under 21. Relevant evidence may include whether the business requested ID and the individual's appearance.

Myrtle Beach Social Host Liability Law

South Carolina social host liability law is more limited than dram shop liability. Social host liability only applies to an adult, age 21 or older, who knew or reasonably should have known they were serving alcohol to someone between the ages of 18-20. The person’s level of intoxication does not matter.

What Can I Recover in a Dram Shop Case?

The defendant in a dram shop case is the business that served the driver alcohol. Businesses often have more liability insurance and assets than individual drivers. Your Myrtle Beach drunk driving compensation will depend on the injuries you suffered and who is liable for your injuries. If the insurance company agrees to a settlement or the court finds in your favor in a dram shop lawsuit, you may recover compensation for your:

Medical Expenses

In a dram shop case, you may be entitled to compensation for all medical expenses incurred as a result of the accident. This includes costs associated with emergency medical treatment, hospital stays, surgeries, medications, rehabilitation, and ongoing medical care related to your injuries.

Lost Income and Earning Capacity

If your injuries prevent you from working or result in a loss of income, you may be able to recover compensation for lost wages, raises, bonuses, benefits, self-employment income, and any diminished earning capacity. This includes both current lost income and future lost earnings if your injuries have long-term effects on your ability to work.

Pain and Suffering

Pain and suffering damages are intended to compensate you for the physical pain, emotional distress, and mental anguish caused by the drunk driving accident and your injuries. Compensation for pain and suffering acknowledges the non-economic losses you have experienced as a result of the accident, such as physical discomfort, anxiety, depression, and loss of enjoyment of life. These damages are more subjective and can vary depending on the severity and impact of your injuries.

Property Damage

If your vehicle or other property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement.

Punitive Damages

In rare cases, punitive damages that are meant to punish the defendant for egregious behavior may also be awarded.

Does a Dram Shop Case Prevent Me From Pursuing Legal Action Against the Drunk Driver?

No. You may still have a personal injury case against the drunk driver involved in your accident, and the State of South Carolina may file criminal charges against the driver, even if you file a dram shop case.

The Significance of Criminal Drunk Driving Cases

Criminal drunk driving cases are crucial for upholding justice and deterring dangerous behavior on the roads. When an individual chooses to operate a vehicle while under the influence of alcohol, they not only endanger their own life but also put the lives of others at risk. Prosecuting such cases sends a strong message that driving under the influence will not be tolerated, thereby potentially preventing future accidents and saving lives. Furthermore, criminal charges may result in penalties such as fines, license suspension, or even incarceration, holding the offender accountable for their actions. However, criminal drunk driving cases will not result in any compensation for you.

The Importance of Personal Injury Cases Against Drunk Drivers

A personal injury case against a drunk driver allows you to seek compensation for the physical, emotional, and financial damages you suffered in the drunk driving accident. Like criminal cases, personal injury lawsuits can help hold a drunk driver accountable for their actions and deter future accidents.

Dram Shop Cases Are Still Important

Even with criminal drunk driving and personal injury cases in play, dram shop cases remain important for several reasons:

Dram shop laws hold establishments accountable for over-serving alcohol to intoxicated customers who may cause accidents. Bars, nightclubs, restaurants, and other establishments want to avoid this financial liability, and dram shop cases may deter future incidents of overserving that lead to dangerous drunk driving accidents.
Dram shop cases can provide additional avenues for compensation for you. In some cases, the drunk driver may not have sufficient insurance coverage or assets to compensate the injured parties fully. A dram shop case may allow you to pursue the compensation you deserve.
Dram shop cases promote public safety by encouraging establishments to prioritize responsible alcohol service. This may reduce the likelihood of alcohol-related accidents and injuries.

Do I Need a Myrtle Beach Dram Shop Lawyer to File a Dram Shop Claim?

You always have the right to pursue legal action without an attorney. However, dram shop cases are often complex. An experienced Myrtle Beach dram shop lawyer can help protect your rights by thoroughly investigating what happened and holding the proper defendants accountable pursuant to all applicable laws, including South Carolina personal injury law and Myrtle Beach Drinking Places and Nightclub ordinances.

What to Look for in a Myrtle Beach Dram Shop Lawyer

When seeking legal representation for your dram shop claim, you may consider the following factors:

Experience. Look for a lawyer with a proven track record in handling dram shop cases and personal injury litigation. While past case results do not guarantee an outcome in your case, they can provide information about how a lawyer has handled similar cases.
Resources. Choose a law firm with the resources and capabilities to thoroughly investigate your case, gather evidence, and build a solid legal strategy on your behalf.
Communication. Select a lawyer who is accessible, responsive, and communicates clearly and effectively with you throughout the legal process.
Client Reviews. Read client testimonials and reviews to get a sense of the lawyer's reputation and level of client satisfaction.

We are Proud To Serve Personal Injury Clients Throughout South Carolina

With seven office locations in Myrtle Beach, North Myrtle Beach, Conway, Mt. Pleasant, North Charleston, Murrells Inlet and Charleston and over 30 years of experience with personal injury cases. Derrick Law Firm Injury Lawyers has the knowledge, skill and experience to protect you and your family.

Talk To An Attorney Right Now