Written by: Reginald C. Hair
If you have been involved in a car accident with a drunk driver that was overserved alcohol at an establishment, you should talk to an experienced attorney as soon as possible. In South Carolina, there is a dram shop statute that places liability on bars and restaurants that overserve patrons that are subsequently involved in collisions influenced by intoxication.
S.C. Code Ann. § 61-4-580(2) states that bartenders cannot knowingly “sell beer or wine to an intoxicated person.” A plaintiff must show that the bartender served alcohol to a patron that they knew or should have known was intoxicated. To prove the case, the plaintiff will likely need the assistance of an experienced attorney that will interview witnesses, review surveillance video, and analyze receipts. The attorney will also conduct a thorough investigation of all parties involved to hold the establishment liable for its negligence.
Fortunately, South Carolina requires certain establishments to carry liability insurance to cover damages that result from dram shop collisions. The statute specifically provides:
Liability insurance coverage required; on-premises consumption.
- In addition to all other requirements, a person licensed or permitted to sell alcoholic
beverages for on-premises consumption, which remains open after five o’clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one million dollars during the period of the biennial permit or license. Failure to maintain this coverage constitutes grounds for suspension or revocation of the permit or license. S.C. Code Ann. § 61-2-145(A).
Dram shop cases are not easy to win. It is very common for a bartender to deny that a patron appeared intoxicated. Allow us to do the investigating while you focus on recovering.
Do You Need a South Carolina Dram Shop Lawyer?
Please call us to receive a free consultation. At the Solomon Law Group, we will represent you and fight for you. If you or a loved one has been injured as a result of an establishment overserving a patron alcohol, call the Solomon Law Group today at (803) 391-3120. You can speak with a dram shop lawyer about your options for free.