Free Case Evaluation
South Carolina Dram Shop Lawyers
Holding taverns and other sellers of alcohol accountable for South Carolina vehicle accidents
Drunk driving is one of the leading causes of fatal accidents and catastrophic injuries in South Carolina. Many states have specific statutes, called dram shop statutes, that authorize civil lawsuits against the sellers of alcohol if a driver they served causes an accident due to intoxication. While South Carolina does not have a specific dram shop statute, the state courts have authorized personal injury and wrongful death claims against taverns and other sellers of alcohol if certain conditions are met. At McGowan, Hood, Felder & Phillips, LLC, we file dram shop claims when drunk drivers cause accidents or deaths. Call our South Carolina dram shop lawyers now to discuss your right to hold the drunk driver and the person or business that served alcohol to that drunk driver accountable.
Free Case Evaluation
How Can We Help?
- How dangerous is drunk driving in South Carolina?
- What are South Carolina’s laws regarding liability and drunk driving?
- Who can I sue if I’m injured by a drunk driver in South Carolina?
- What should the seller of alcohol do?
- Who can file a dram shop claim?
- Do you have a South Carolina dram shop lawyer near me?
How dangerous is drunk driving in South Carolina?
According to the Charleston City Paper, South Carolina ranks 11th for severity of alcohol-related accidents and fatalities. In 2020, 315 people died due to drunk driving. There were 269 arrests per 100,000 drivers and 8 fatalities per 100,000 drivers, and 29% of all traffic deaths in South Carolina were DUI-related. DUI stands for “Driving under the Influence.”
In South Carolina, you can file a personal injury or wrongful death claim whether the driver is charged with driving under the influence or not.
What are South Carolina’s laws regarding liability and drunk driving?
South Carolina does not have a specific Dram Shop statute. However, under South Carolina Code of Laws, Section 61-4-10, “No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:
- Sell beer or wine to a person under twenty-one years of age
- Sell beer or wine to an intoxicated person”.
Doing so is illegal, and can open up the seller to civil liability if the patron causes an accident that injures or kills another person.
There are other South Carolina statutes and common law (court decisions) that regulate the sale of any alcoholic beverage by bars, restaurants, hotels, social clubs, and even social hosts. The regulations include the ability to hold the sellers/suppliers of alcohol liable for injuries or deaths consumption of the alcohol causes in certain situations.
Our South Carolina dram shop lawyers understand the unique issues involved with filing this type of claim, including:
- Coordinating your civil case with any criminal prosecution.
- Explaining who is responsible for paying your damages when both the seller/provider of alcohol, the drunk driver, and any other defendants are all liable.
- Showing that the driver who caused your accident was intoxicated at the time of the accident.
- Showing that the driver was “visibly intoxicated” or under 21 when he/she was served an alcohol drink.
Who can I sue if I’m injured by a drunk driver in South Carolina?
Our dram shop attorneys in South Carolina can file a lawsuit against:
- Taverns and bars
- Restaurants
- Night clubs
- Hotels and motels
- Country clubs
- Catering services
- Liquor stores
- Grocery stores and convenience stores
- Performance venues including sporting arenas, concert halls, and similar locations
We also file claims against homeowners/social hosts who serve alcohol to minors. Generally, social hosts can be held liable in South Carolina for accidents caused by intoxicated minors. Unlike sellers, social hosts cannot usually be held liable for serving someone over the age of 21 who is visibly intoxicated.
What should the seller of alcohol do?
McGowan, Hood, Felder & Phillips, LLC is skilled at showing that the person or entity who served the alcohol:
- Failed to examine the identification of the person being served to ensure they were 21 or older
- Failed to monitor how much alcohol and how long the person being served was drinking.
- Failed to observe whether the person who was being served was intoxicated. Signs of intoxication include slurred speech, aggression, lack of concentration, falling, and other factors.
- Failed to err on the side of caution by refusing to serve a drink instead of prioritizing profit
- Failed to provide rideshare or taxi services.
- Other failures and neglectful acts depending on the circumstances
Who can file a dram shop claim?
Anyone injured by an intoxicated driver – drivers, passengers, pedestrians, and bicycle riders – and the families of anyone killed by a drunk driver can file a dram shop claim.
There are three criteria that must be met for a personal injury or wrongful death claim:
- The seller or provider of alcohol must be required (have a duty) to monitor the alcohol level or age of the person who consumes the alcohol.
- The person who was served (and later caused your accident) was under 21 or was visibly intoxicated when they were served.
- The person who consumes the alcohol must cause an accident due to their intoxicated state.
- The accident must cause injuries or the death of a loved one.
Do you have a South Carolina dram shop lawyer near me?
McGowan, Hood, Felder & Phillips, LLC maintains multiple offices throughout South Carolina. We can also schedule a phone or video consultation, or make in-home visits if you are too injured to travel to us.
Speak with a South Carolina dram shop lawyer today
Many drunk driving accidents are fatal. Survivors often suffer catastrophic and permanent injuries. Our South Carolina dram shop lawyers demand full compensation for your pain and suffering, medical bills, lost income, property damage, and other damages. If a loved one dies, we seek compensation for the funeral and burial expenses and your financial and personal damages. You may also be entitled to punitive damages. To schedule a free consultation, call us or fill out our contact form today. Your consultation is always confidential.