When you hear the term “dram shop,” your mind likely does not jump to legal liability. But if you or a loved one has been injured by an intoxicated person in Murrells Inlet, a dram shop liability lawyer can be your strongest ally in seeking justice and compensation. At Swilley Law Firm, our experienced criminal defense attorneys fight for victims’ rights and work tirelessly to hold negligent bars and restaurants accountable.
What Is Dram Shop Liability?
In the simplest terms, dram shop laws hold businesses that sell alcohol liable when they over-serve a patron who goes on to cause injury or death. The term “dram shop” itself is a bit of an anachronism, referring to establishments in 18th-century England that sold gin by the spoonful, or “dram.” While the liquid measurements may have changed, the core concept remains the same.
In South Carolina, dram shop liability falls under the broader category of liquor liability laws. These statutes are designed to keep the public safe by discouraging bars, restaurants, and other alcohol vendors from over-serving customers to the point of intoxication. When these establishments fail in this duty, they can be held liable for the devastating harm their intoxicated patrons often cause.
Dram shop cases are civil matters, meaning they are handled separately from any criminal charges that may result from the intoxicated person’s actions. Even if the drunk driver or assailant faces prosecution, victims can still pursue a dram shop liability claim against the bar or restaurant that supplied the excess alcohol. This allows injured parties to seek compensation for their losses directly from the negligent establishment.
Proving Dram Shop Liability
Dram shop cases like the one above are too common in South Carolina. However, successfully bringing a claim against a bar or restaurant requires proving several key elements. To win a dram shop liability case, your Murrells Inlet dram shop liability attorneys must show:
- The establishment sold alcohol to the intoxicated person
- The intoxicated person consumed the alcohol sold by the establishment
- The alcohol contributed to the person’s intoxication
- The intoxicated person’s negligent actions caused injury or death
Demonstrating these factors often involves gathering evidence from the scene, interviewing witnesses, reviewing security footage, and even hiring experts to reconstruct the events leading up to the alcohol sale and subsequent injuries.
It is important to understand that South Carolina adheres to a modified comparative negligence rule in personal injury cases, including dram shop claims. Under this rule, an injured party may recover damages provided they are found 50% or less at fault for the incident.
However, compensation is reduced by the party’s percentage of fault. This means that if the intoxicated individual bears some blame for their actions, claimants can still hold the bar or restaurant responsible for its role in causing harm and uphold community safety standards.
First-Party vs. Third-Party Dram Shop Cases
It’s also crucial to understand the difference between first-party and third-party dram shop liability claims. First-party cases are brought by the individual who was over-served and injured as a result of their intoxication. These claims face additional legal hurdles in South Carolina, requiring proof that the bar knew the person was under 21 or forced them to consume alcohol.
Third-party cases are filed by capacity with a governmental agency and in the performance of the dog’s official duties harmed by an intoxicated person, like in the drunk driving accident example above. In these claims, the plaintiff must show the bar knew or should have known the patron was intoxicated at the time of the alcohol sale. Visible signs of intoxication are key, such as slurred speech, bloodshot eyes, difficulty walking, etc.
In both first and third-party cases, the plaintiff bears the burden of proving the establishment’s negligence. Your Murrells Inlet dram shop liability lawyers will know how to investigate the incident, gather crucial evidence, and build a compelling case for liability.
Damages in Dram Shop Liability Claims
When an over-served patron causes harm, victims often suffer catastrophic physical, emotional, and financial damages. Through a dram shop liability claim, injured parties can seek compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Psychological distress
- Scarring/disfigurement
- Disability
- Property damages
- Funeral expenses (in cases of wrongful death)
A skilled dram shop liability lawyer will fight to secure maximum compensation for your losses.
While no amount of money can undo the trauma of a drunk driving crash or bar fight, holding the establishment responsible can provide a sense of justice and help offset the unexpected expenses brought on by your injuries.
In addition to compensatory damages, South Carolina law authorizes punitive damages in certain dram shop cases. Punitive damages serve to penalize establishments for exceptionally egregious conduct and to deter future negligence. For example, if a bar knowingly serves alcohol to a minor or an obviously intoxicated individual with a documented history of drunk driving, a court may award punitive damages to send a very strong message that such reckless behavior will simply not be tolerated.
Murrells Inlet Dram Shop Liability Lawyer
If you’ve been harmed by an intoxicated individual in Murrells Inlet, turn to the trusted dram shop liability lawyers at Swilley Law Firm. Our compassionate attorneys have years of experience handling liquor liability claims in the region and are deeply familiar with the nuances of South Carolina dram shop laws. We understand the immense impact an injury can have on your life and will work diligently to pursue the compensation you deserve.
When you hire our Murrells Inlet dram shop liability attorneys, they will:
- Thoroughly investigate the circumstances of your case
- Gather critical evidence to support your claim
- Interview witnesses and retain experts as needed
- Handle all communications with the bar/restaurant and their insurance company
- Negotiate aggressively for a fair settlement
- Take your case to trial if necessary to secure a favorable outcome
We recognize that no two dram shop cases are identical. That is why we take the time to listen intently to your story, address your concerns, and craft a legal strategy tailored to your unique needs. Throughout the process, you will have a dedicated advocate in your corner, fighting for your rights at every turn.
At Swilley Law Firm, we believe that every victim of a dram shop injury deserves access to skilled legal representation, regardless of their financial situation. That is why we handle dram shop liability cases on a contingency fee basis. This means you will not owe any attorney fees unless and until we secure compensation on your behalf. With this arrangement, you can focus on your recovery without worrying about the cost of pursuing justice.
Statute of Limitations
It’s important to remember that you only have a limited window of time to file a dram shop liability claim in South Carolina. This deadline is known as the statute of limitations. With few exceptions, you must bring your case within three years of the date of injury, or the courts may refuse to hear it entirely. To protect your right to compensation, contact an experienced dram shop liability lawyer as soon as possible after an alcohol-related injury or death.
While three years may seem like a long time, building a strong dram shop case takes careful investigation and preparation. Evidence can disappear, witnesses’ memories can fade, and the establishment’s insurance company may try to quickly settle for less than you deserve.
If you are unsure whether you have a valid dram shop liability case, do not hesitate to reach out to Swilley Law Firm for a free consultation.
Our knowledgeable attorneys will review the facts of your case, explain your legal options, and help you make an informed decision about how to proceed.
Remember, the clock is ticking on your right to seek justice, so don’t delay.
Talk To Our Experienced Murrells Inlet Dram Shop Liability Lawyer
No night out in Murrells Inlet should end in tragedy because a bar or restaurant over-served a patron. When this irresponsible service leads to injury or death, victims deserve an aggressive legal advocate in their corner. At Swilley Law Firm, LLC, our Murrells Inlet dram shop liability attorneys will not rest until negligent establishments are held accountable and you get the justice you deserve. If you have been harmed by an over-served individual, do not hesitate to contact us for consultation.
