If you have been in a car accident caused by a drunk driver, they may owe you financial compensation for your injuries. In some cases, the motorist would not be the only one who is liable for what happened to you. There is a possibility that you could file a lawsuit against anyone who served alcohol to the drunk driver. First, you would need to prove that the establishment or individual was negligent in continuing to sell alcohol to an intoxicated person.

Is There a Dram Shop Law in South Carolina?

Although South Carolina does not have a specific dram shop law as you would find on the books in other states, it does not mean that a bar or social host is off the hook when they continue to serve alcohol to a visibly intoxicated patron or guest. South Carolina common law still allows you to hold the establishment’s owner or a host responsible under the rules of negligence. When someone serves alcohol to another, they take on a duty of care to those who may conceivably be harmed by the excessive consumption. However, you would need to prove some sort of negligence or recklessness on the part of the establishment or host.

Who May Liability Apply To?

You may hold anyone who served the drunk driver alcohol legally responsible for the harm that they caused you or your loved one. Most often, the defendant in these types of cases would be a bar or restaurant that sold alcohol. Theoretically, you may also hold a liquor store legally liable if they have sold alcohol to a minor or to someone who walked into the establishment visibly intoxicated. You may even hold a social host responsible for serving alcohol to someone who they knew or should have known was drunk.

How Can I Prove a Dram Shop Case in South Carolina?

Someone does not assume legal liability solely on the grounds that they served alcohol to another. To win a case against a bar, you would need to prove that they continued to serve a patron who was visibly intoxicated. Although proving actual knowledge would certainly help your case, you do not always need to demonstrate that the establishment actually knew that the customer was drunk. You can prove from the circumstances that the establishment or host should have known that the patron was intoxicated. For example, if you can prove that the customer was served excessive amounts of alcohol, it may serve as proof of intoxication.

Your case could rely on direct witness testimony from people who saw the alcohol being served or on more circumstantial evidence. You could even obtain video camera footage that may show what was happening inside the establishment or store. Alternatively, you may even be able to obtain the driver’s bar tab to learn how much they drank that night and where.

Why Do I Want to Sue an Establishment for My Injuries?

Under South Carolina law, establishments that serve liquor are required to have at least $1 million in liability insurance. In addition, a business may also have assets that you can reach in a lawsuit judgment. Being able to sue a corporate defendant, no matter its size can give you access to a deeper pocket that can pay for your injuries. The drunk driver may have only had so much insurance coverage, and it may not be enough to cover your damages. Your drunk driving accident lawyer would likely perform an additional investigation to determine who served alcohol to the motorist and the surrounding circumstances to determine whether there is anyone else you can sue.

Contact the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC for Help with Your Case

If you have been injured by a drunk driver, the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can conduct a complete investigation of the circumstances of the crash. We will fight for you to obtain full and fair compensation for your injuries. You can schedule a free initial consultation with one of our lawyers by calling us today at 843-727-6500 or by submitting our online contact form. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we gladly serve clients throughout South Carolina.