Drunk driving remains a very serious safety hazard. According to data from the South Carolina Department of Public Safety (SCDPS), there were 28,083 confirmed DUI crashes in the State over five years (2018 to 2022). A drunk driver can face a serious criminal charge—it could be a felony if they cause a crash that leads to an injury. A drunk driver can also be held civilly liable.
In some cases, other defendants may bear civil liability for a crash as well. South Carolina has comprehensive dram shop laws that hold establishments accountable if they serve an underage or visibly intoxicated person who causes a DUI crash. Within this article, our Columbia DUI accident attorney provides a comprehensive guide to dram shop laws in South Carolina.
What are Dram Shop Laws?
Dram shop laws are regulations that hold alcohol-serving establishments—such as bars and restaurants—legally responsible for serving alcohol to visibly intoxicated persons or minors who subsequently cause harm to themselves or others. These laws aim to reduce alcohol-related injuries, including those caused by DUI accidents. Notably, dram shop laws exist at the state level—and they vary considerably from jurisdiction to jurisdiction.
Know the Law: South Carolina Dram Shop Liability
Our state has dram shop laws. They are designed to protect the public from some of the risks posed by alcohol consumption. Under (South Carolina Code § 61-4-580), all establishments that hold liquor licenses—from bars to restaurants to social clubs—must refrain from:
- Providing alcohol to a person under twenty-one years of age; and
- Providing alcohol to an intoxicated person.
Dram shop liability arises when a bar, restaurant, liquor store, or other establishment continues to serve or sell alcohol to an underage person and/or a visibly intoxicated person, and an accident—such as a drunk driving crash—happens as a result.
Can an Intoxicated Driver Bring a Dram Shop Claim in South Carolina?
In many cases, dram shop liability claims are brought by innocent victims. However, a drunk driver—even one who was arrested and charged with a serious criminal offense—may also have a claim. In South Carolina, an intoxicated driver may bring a dram shop claim. Though it is generally more challenging than for other injured victims.
The driver must prove that the establishment served them alcohol while they were visibly intoxicated and that this contributed to their injuries. However, if the driver was primarily at fault for the incident, South Carolina’s comparative negligence laws may bar or limit their recovery.
Understanding Social Host Liability in South Carolina
Social host liability is somewhat similar to dram shop liability. Social host liability in South Carolina refers to the legal responsibility of individuals who serve or provide alcohol at private gatherings if their actions contribute to injuries caused by an intoxicated guest. However, unlike dram shop laws—which apply to commercial establishments—social host liability is more limited.
As a general matter, a social host is not liable for serving an intoxicated adult. They can only be held civilly liable if they serve alcohol to a minor. If you have any questions about a social host liability claim, our South Carolina DUI accident attorney is more than ready to help.
Injured Victims Can Bring a Dram Shop Claim in Addition to Another Civil Claim
It is important to emphasize that a dram shop liability claim is not an exclusive legal claim. In other words, injured victims can still hold the impaired driver—and their auto insurance company—liable for a crash even if they opt to pursue a dram shop claim. A South Carolina DUI victims’ rights attorney can help you explore every option to get justice and the maximum compensation.
Compensation You Can Seek Through a Dram Shop Liability Claim
DUI accident victims in Columbia need the maximum financial compensation. Under South Carolina law, you have the right to seek compensation for the full value of your damages, including both economic losses and non-economic losses. Through a dram shop liability claim, you may be entitled to recover financial compensation for:
- Property loss, including vehicle repairs;
- Ambulance costs and other emergency room care;
- Hospital bills and related health care expenses;
- Medications and medical equipment;
- Rehabilitative medical support;
- Loss of wages and loss of future earnings;
- Pain and suffering & mental anguish;
- Long-term physical disability; and
- Wrongful death of a family member.
Punitive Damages May Be Recovered in Some Dram Shop Claims in South Carolina
Punitive damages may be awarded in cases in which a defendant engaged in an especially egregious/reckless manner. In South Carolina, punitive damages may be recovered in a dram shop claim if the plaintiff can prove that the defendant acted willfully, wantonly, or recklessly in serving alcohol to an intoxicated person or minor. If you have any questions about seeking compensation for punitive damages in a dram shop liability claim, our South Carolina DUI accident lawyer can help.
Why DUI Crash Victims Trust Columbia Attorney Christopher R. Hart
Dram shop liability claims are notoriously complex. You may have a lot of questions about your rights and options after a serious DUI crash in South Carolina. Our founding attorney Christopher R. Hart is proud to fight for the rights of the people who need guidance and support the most—victims and their families.
Our client testimonials demonstrate what we can do for injured victims. Our South Carolina DUI accident attorney will conduct a free review of your dram shop law claim.
Contact Our Columbia, SC DUI Accident Attorney Today
At Hart Law, our Columbia DUI crash lawyer invests time and resources into every case. It is our mission to help DUI accident victims get justice and the maximum financial support. If you or your loved one was involved in a DUI Crash and you have any questions about dram shop laws, we are here to help.
Give us a phone call now or send us a direct message for a free case review. We fight for DUI accident victims in Columbia and throughout South Carolina.