In the unfortunate event that you have been injured by a drunk driver in South Carolina, it’s crucial to understand how the state’s Dram Shop laws and social liability can impact your claim. Please continue reading as we explore what you should know about and how a determined Chesterfield County Auto Accident Lawyer can help you fight for the justice you deserve.
Does South Carolina Have Dram Shop Laws?
South Carolina’s Dram Shop laws, established through court decisions rather than specific statutes, enable establishments to be held liable for injuries caused by over-serving alcohol. For a commercial establishment to be held accountable, it must be demonstrated that the establishment served a visibly intoxicated individual or a minor, and that this over-service was a direct cause of the resulting damages. These laws are frequently invoked in cases such as drunk driving accidents.
If you have sustained injuries due to an intoxicated motorist who was over-served or under the age of 21, consulting with an experienced attorney is in your best interest to determine how Dram Shop laws may facilitate the recovery of additional compensation.
What is Social Host Liability?
It is important to understand that social host liability laws hold individuals who host social gatherings legally responsible for injuries caused by intoxicated guests. Social host liability often applies specifically when hosts provide alcohol to, or permit drinking by, underage individuals on their property. However, a social host can also be held liable if they serve a visibly intoxicated guest and then they cause an accident.
When it comes to a social gathering, liability depends on the host’s knowledge and actions. They are not necessarily responsible for serving alcohol at their party. Liability hinges on whether they knew or should have known that the guest was underage or visibly intoxicated and that their impairment could lead to harm.
How Do Dram Shop & Social Host Laws Apply After a Drunk Driving Accident?
Following a drunk driving accident, it’s crucial to connect with a qualified personal injury attorney who can help you pursue the maximum compensation you are entitled to by identifying all liable parties. Those injured by drunk drivers may pursue legal action against both the intoxicated driver and the commercial establishment that served them. To succeed in such a claim, it must be demonstrated that the establishment provided alcohol to the driver despite evident impairment or underage status, and that this over-serving directly caused the resulting injuries.
It should be noted that driving under the influence (DUI) constitutes “negligence per se,” thereby alleviating the burden of proof of traditional negligence on the part of the injured party. Rather, it is only necessary to establish that the driver’s intoxication and their caution of the crash. Legal counsel can assist in gathering corroborating evidence, such as video footage or eyewitness testimony that depicts the patron being served while visibly intoxicated.
Furthermore, a recent law requires establishments serving alcohol for on-premises consumption after 5 p.m. to have a liquor liability or general liability insurance policy with an annual aggregate limit of $1 million.
If you or a loved one were injured by a drunk driver in South Carolina, please don’t hesitate to contact an attorney at the Cockrell Law Firm, P.C., today to explore your options under the state’s Dram Shop and social liability laws.