What You Should Know About Dram Case in South Carolina

Dram shop cases in South Carolina arise when a restaurant, bar, or any other establishment sells alcohol to an already intoxicated individual or someone under the age of 21, and then that person causes an accident that results in injuries, property damage, or death.

The laws surrounding these cases vary from other car accident lawsuits in that besides the intoxicated driver, liability is also imposed on a third party, who can be the person giving out or selling alcoholic beverages. Discussed below is what you should know about the dram case in South Carolina.

1. Dram shop case liability

While South Carolina doesn't have a particular dram shop law that explicitly extends liability to anyone who engages in the illicit service or sale of alcohol, state courts have traditionally recognized liability claims against licensed liquor providers who serve or sell alcohol to already intoxicated persons or those under 21 years. Although most states recognize social host liability for social hosts that serve alcoholic drinks to their guests, South Carolina is an exception. The state doesn't recognize this form of liability for drunk adult guests.

However, suppose a social host knowingly serves or lets an underage person be served alcohol. In that case, the host is held responsible if the minor and any third party are injured or suffer losses as a result of the minor's intoxication. If you or a loved one is involved in a drunk driving-related accident in South Carolina, an attorney with experience handling dram shop cases can help determine liability.

2. What to prove in a dram shop liability claim

To prove negligence in a dram shop case, an injured complainant or plaintiff should establish three primary elements, including:

• The alcohol seller breached their duty: An establishment selling or serving liquor must adhere to alcohol sale laws. Vendors should demand proof of age from each customer before selling them alcohol and refuse to sell liquor to underage clients. Failure to do so is proof that they've breached their duty
• The bartender failed to look for signs that an individual was visibly intoxicated: The bartender must look out for signs like loss of balance and slurred speech to ensure that a customer isn't already drunk. Selling alcohol to an already drunk customer makes them liable

To win a dram shop case, you must also show that the period between when the last drink was served or sold aligns with when the accident occurred.

3. The compensation you can sue for in a dram accident claim

If you or a loved one suffered injuries from a drunk driving-related accident in South Carolina, you're entitled to file a personal injury claim seeking compensation. This may include:

• Medical bills: It may consist of past, current, and future medical expenses related to the injuries you sustained
• Pain and suffering: You can seek compensation for emotional, mental, and physical suffering the accident caused
• Wrongful death: If a loved one perished in the accident, you should file a wrongful death claim against the liable parties

You can also get compensation for lost wages, punitive damages, and other losses.

4. Dram shop case statute of limitations

Dram shop lawsuits are personal injury cases, meaning if you're injured in a drunk driving accident in South Carolina, you have a standard time limit of three years to file your claim. Failure to file within this deadline robs you of the right to claim compensation.

Endnote

If you're a drink-and-drive accident victim, you can file a dram shop case depending on the cause of the accident. Consider learning what you should know about the dram shop case in South Carolina.