Alcohol-related accidents can leave victims with severe injuries, mounting medical bills, and long-term emotional trauma. When these incidents occur due to the negligent service of alcohol, South Carolina’s dram shop laws may hold establishments accountable. The Derrick Law Firm’s North Charleston dram shop lawyer team helps injured parties understand their potential legal options.
What Is Dram Shop Law?
Dram shop claims arise when bars, restaurants, or other licensed alcohol providers serve alcohol to visibly intoxicated individuals or minors, who then cause accidents resulting in injuries or fatalities.
These laws derive from both statutory provisions and common law principles in South Carolina. Unlike some states with explicit dram shop statutes, South Carolina relies on case law to determine liability in alcohol-related injury cases.
Key aspects of dram shop liability in North Charleston include:
- Negligent service of alcohol. Establishments may be held liable if they serve alcohol to a patron who is visibly intoxicated or under the legal drinking age, and that patron’s intoxication later contributes to an accident that causes harm.
- Proximate cause. The plaintiff must demonstrate that the alcohol provider’s actions were a factor in the accident. For example, if a bar continued serving a patron who was clearly intoxicated, and that patron caused a drunk driving collision, the bar could share liability.
- Third-party claims. Unlike traditional personal injury cases, dram shop claims often involve third-party liability, meaning the injured party seeks compensation from the alcohol provider rather than (or in addition to) the intoxicated individual.
A North Charleston dram shop lawyer from Derrick Law Firm can evaluate whether an establishment violated its duty of care by overserving alcohol by gathering and evaluating evidence such as surveillance footage, witness statements, and receipts.
Common Scenarios Involving Dram Shop Liability
Dram shop claims typically arise in situations where negligent alcohol service leads to preventable accidents. Some of the most common scenarios include:
Drunk Driving Accidents
These are often among the most severe cases involving dram shop liability. When a bar or restaurant overserves a patron who then drives under the influence and causes a collision, the establishment may share responsibility for the resulting injuries or fatalities. Evidence such as blood alcohol content (BAC) levels, timestamped receipts, and employee testimony can be critical in proving negligence.
Assaults and Altercations
Alcohol impairs judgment and increases aggression, often leading to violent confrontations. If an establishment continues serving an intoxicated individual who later assaults another patron or bystander, the victim may have grounds for a dram shop claim. Security footage, police reports, and witness accounts can help determine the establishment’s role in the incident.
Underage Drinking and Driving Incidents
South Carolina prohibits alcohol sales to minors (individuals under 21). If a bar, liquor store, or restaurant serves alcohol to a minor who then causes an accident, the business may face liability. Proof of age verification failures, such as a lack of ID checks or fraudulent identification, can strengthen a claim.
Alcohol Poisoning and Overdoses
In rare cases, establishments that serve alcohol to the point of alcohol poisoning may be liable for medical emergencies or fatalities. While South Carolina has no specific statute addressing this, general negligence principles may apply if the provider ignores obvious signs of overconsumption.
A North Charleston dram shop lawyer from Derrick Law Firm can assess the circumstances of an alcohol-related incident to determine whether a dram shop claim is viable.
Establishing Liability in Dram Shop Cases
Proving liability in dram shop cases requires demonstrating that the alcohol provider’s actions were a direct cause of the accident. South Carolina courts examine whether the establishment knowingly or negligently served alcohol to someone who was already visibly intoxicated or underage. This often hinges on witness testimony, expert analysis of the patron’s behavior, and documentation of alcohol purchases.
For example, if a bartender served multiple drinks to a patron who was slurring speech or stumbling, that could constitute negligence. Similarly, failing to check identification for a minor who later caused an accident may establish liability. In dram shop cases, investigators may work with forensic experts to reconstruct timelines of alcohol service and intoxication levels.
Additionally, plaintiffs must show that the intoxication directly caused the accident. This means linking the over-served individual’s impairment to reckless actions, such as speeding, violent behavior, or other negligent conduct. Medical records, police reports, and accident reconstruction specialists may be used to establish this connection.
Steps to Take After an Alcohol-Related Accident
Taking proper steps immediately following an alcohol-related accident can significantly impact the strength of a potential dram shop claim. Injured parties should consider these actions:
- Seek medical attention. Immediate medical evaluation creates documentation linking injuries to the accident. Emergency room records may include observations about possible intoxication of involved parties, which can serve as valuable evidence. Follow-up treatments should be thoroughly documented, as some alcohol-related injuries, like traumatic brain injuries, may have delayed symptoms.
- Report the incident to authorities. Law enforcement reports often contain crucial details about the at-fault party's condition, including officer observations of intoxication, field sobriety test results, and breathalyzer readings. In North Charleston, police departments maintain these records for years, and obtaining an official copy early preserves this evidence.
- Document the scene comprehensively. Photographs should capture vehicle damage, skid marks, traffic signals, and visible alcohol containers. If the accident occurred near a bar or restaurant, exterior photos showing signage and lighting conditions may be relevant. Witness contact information should be gathered immediately, as memories fade over time.
- Preserve all physical evidence. Clothing worn during the accident should be kept unwashed, as forensic analysis might detect alcohol residue. Damaged personal items like phones or glasses should be retained, as they can demonstrate impact forces. Receipts from the establishment showing alcohol purchases or credit card statements should be secured.
- Request security footage promptly. Many establishments automatically overwrite surveillance footage within 30-90 days. An attorney can send a letter requesting this evidence be preserved before it's lost. This includes interior footage showing alcohol service and exterior cameras that might capture the intoxicated individual's departure.
- Avoid discussing the case publicly. Social media posts about the accident or injuries can be used against claimants. Even private messages might become discoverable during litigation, so discretion is advised until the case resolves.
- Consult a North Charleston dram shop lawyer early. Attorneys at Derrick Law Firm can explain how they might assist clients with documenting the scene, interviewing witnesses, and assembling documentation of the establishment's alcohol service practices. Early legal involvement may make a difference in proving dram shop liability.
Potential Compensation in Dram Shop Cases
Injured parties may pursue compensation for various damages, including:
- Medical expenses. Current and future treatment costs may be recoverable, including emergency care, surgeries, rehabilitation, and therapy. These damages cover everything from ambulance fees to long-term physical therapy needs resulting from the accident.
- Lost income. This includes wages, benefits, and self-employment income lost due to recovery time or long-term disability. Compensation may include vocational retraining costs if the victim cannot return to their previous occupation.
- Pain and suffering. Physical and emotional distress resulting from the accident is compensable. This includes chronic pain, PTSD, and reduced quality of life due to permanent disabilities.
- Punitive damages. In cases of egregious negligence, courts may award additional damages to punish the wrongdoer. These are rare but possible in dram shop cases.
A North Charleston dram shop lawyer from Derrick Law Firm can evaluate the potential damages in a claim to help injured parties understand how the law may apply to their specific situation.
Choosing Dram Shop Legal Representation
Though past results don’t guarantee future outcomes, when selecting a lawyer for a dram shop claim, injured parties may consider:
- Experience with dram shop cases and familiarity with South Carolina’s liability laws.
- Resources to investigate claims thoroughly, including access to expert witnesses
- The lawyer’s commitment to and personal rapport with their clients
Alcohol-related accidents can have devastating consequences, but legal action may help victims secure the compensation they deserve.
