When a drunk driver causes an accident, the driver isn’t always the sole responsible party. If an establishment like a bar, restaurant, or other alcohol vendor served a clearly intoxicated driver, South Carolina law may also hold the establishment accountable. These are called dram shop claims, and they can significantly impact your ability to recover full compensation.
If you were injured in a drunk-driving accident in Greenville, understanding how dram shop claims work could open a path to additional compensation you may not be aware of. Don’t let potential sources of compensation slip away while evidence disappears. Call (864) 721-6885 for a free consultation to explore all your legal options. Dan Pruitt Injury Law Firm has been fighting for injured individuals for over 30 years, and we can help you explore every option.
What is a Dram Shop Claim Under South Carolina Law?
The term “dram shop” dates back to a time when bars sold alcohol by the dram, a small unit of measurement. Today, dram shop laws hold alcohol vendors responsible when they contribute to injuries by serving someone who shouldn’t have been served.
South Carolina law, including provisions under S.C. Code Ann. § 61-4-580, prohibits the sale or service of alcohol to a person who is visibly intoxicated. If a bar, restaurant, liquor store, or other vendor breaks this law, and the intoxicated person goes on to cause an accident that injures someone, the establishment can be held liable for the resulting damages.
In other words, the bar or restaurant shares legal responsibility alongside the drunk driver.
What You Need to Prove in a Dram Shop Case
To succeed with a dram shop claim in South Carolina, you generally need to establish three key elements.
The person was visibly intoxicated
You must demonstrate that the person who caused the accident displayed observable signs of intoxication at the time they were served. Think slurred speech, unsteady movement, bloodshot eyes, or aggressive behavior. It’s not enough that the person had a high blood alcohol content later; the establishment needed to observe the intoxication when serving them.
The establishment served them anyway
Despite those visible signs, the bar, restaurant, or vendor continued to sell or provide alcohol. This is the negligent act that creates liability.
The intoxicated person caused your injury
There must be a direct connection between the over-service of alcohol and the harm you suffered. The intoxicated person caused an accident, and that accident resulted in your injuries.
All three elements need to be present for a successful claim.
How Dram Shop Claims Differ From a Standard Car Accident Case
A standard car accident claim focuses on the at-fault driver. You prove the other driver was negligent, and you seek compensation from their insurance policy. A dram shop claim adds another layer of accountability, and here’s why that matters.
Drunk drivers often carry minimum insurance coverage or no insurance at all. Their policy limits may not come close to covering your medical bills, lost wages, and pain and suffering. When you file a dram shop claim against the establishment that over-served someone, you’re accessing an additional source of compensation, typically the business’s commercial liability insurance or its assets.
Dram shop cases also involve different evidence. Instead of focusing solely on what happened at the accident scene, your attorney needs to investigate what happened inside the bar or restaurant before the driver got behind the wheel.
It’s also important to know that South Carolina follows a modified comparative negligence rule with a 50% bar. If you’re found to be 51% or more at fault for the accident, you cannot recover compensation. An experienced attorney can defend you against unfair claims in both your car accident and dram shop claims.
If you were hurt by a drunk driver in Greenville, don’t assume the driver’s insurance is your only option. Call (864) 721-6885 for a free consultation, and we’ll help you identify every possible source of compensation.
Who Can File a Dram Shop Claim in South Carolina?
If you were injured in an accident caused by someone who was overserved alcohol, you may be able to file a dram shop claim. This includes drivers, passengers, and pedestrians injured in drunk-driving crashes, as well as family members who lost a loved one and wish to pursue a wrongful death claim.
One important distinction: under South Carolina law, the intoxicated person themselves generally cannot bring a dram shop claim. The law is designed to protect innocent third parties, not the person who chose to drink.
Steps to Build a Strong Dram Shop Case
Dram shop claims require specific evidence beyond that of a typical car accident case. Here’s what you should focus on.
Preserve receipts and financial records
Credit card statements, bar tabs, and receipts showing how many drinks were purchased can be powerful evidence. Save anything you have. Your attorney can also subpoena purchase records directly from the establishment.
Act fast to secure surveillance footage
Many bars and restaurants have security cameras that capture the intoxicated person’s behavior and the number of drinks served. But businesses routinely overwrite this footage within days or weeks, so time is critical.
Collect witness statements
Bartenders, servers, other patrons, and anyone who observed the intoxicated person before the accident can provide valuable testimony. Their firsthand accounts of visible intoxication are often vital in proving your claim.
Document everything at the accident scene
Take photos, obtain the police report, and seek medical treatment immediately. The police report may include the driver’s blood alcohol content, which helps determine the level of intoxication.
Contact an attorney early
Evidence in dram shop cases disappears fast. The sooner you reach out to an attorney, the better your chances of preserving what’s needed to build a strong claim.
Statute of Limitations for Dram Shop Claims in South Carolina
South Carolina typically gives you three years from the date of injury to file a personal injury claim, including dram shop claims (S.C. Code Ann. § 15-3-530). For wrongful death cases, the three-year period begins on the date of death.
Three years may feel like a long time, but evidence critical to dram shop claims, such as surveillance footage, witness memories, and establishment records, can disappear long before that legal deadline. Don’t wait to start the process.
Call (864) 721-6885 today to discuss your case with Attorney Dan Pruitt. Your consultation is free, and there’s no obligation.
Why a Dram Shop Claim is Worth Pursuing
You might wonder whether it’s worth the effort to go after a bar or restaurant for overserving a drunk driver. It is, and here’s why.
It can significantly increase your compensation. The drunk driver’s insurance may not cover all of your losses. A dram shop claim gives you access to additional resources for medical bills, lost wages, pain and suffering, and other damages.
It holds businesses accountable. When establishments face real consequences for over-serving intoxicated patrons, it incentivizes responsible alcohol service across the industry. Your claim can help prevent future accidents and protect others.
Dram shop claims address the full picture of what happened. The drunk driver made a terrible choice, but the establishment that kept pouring drinks when they could see the person was intoxicated also played a role. Both should answer for the harm they caused.
Talk to a Greenville Car Accident Attorney with 30 Years of Experience
Dram shop claims are complex, and they require an attorney who knows how to investigate these cases, preserve disappearing evidence, and build a thorough claim. Dan Pruitt Injury Law Firm has been representing injured individuals across South Carolina since 1993. Attorney Dan Pruitt personally works on every case, and he understands what it takes to pursue full and fair compensation.
You can hire us today with no money up front. We work on a contingency fee basis, meaning we don’t receive payment unless you do. Your consultation is completely free, and we’re available 24/7.
If you were injured by a drunk driver in Greenville or anywhere in South Carolina, call (864) 721-6885 now. Let’s explore every option for holding all responsible parties accountable.