In the blink of an eye, a night out with friends or family can turn tragic if an overserved bar or restaurant patron causes a serious accident. Suppose you have been injured by a drunk driver in Florence, South Carolina. In that case, you may have legal recourse not only against the driver but also against the business that recklessly provided them with too much alcohol. This is known as “dram shop liability.” The dedicated dram shop liability lawyer at Swilley Law Firm are here to help you navigate this complex area of the law to get the justice and compensation you deserve.
What Is Dram Shop Liability?
This is the legal responsibility that bars, restaurants, liquor stores, and other establishments have when they give liquor to visibly intoxicated individuals who go on to cause injury or death to themselves or others. The term “dram shop” comes from the historical unit of measurement called a “dram” that was used to serve alcohol.
In South Carolina, dram shop cases are governed by state statutes as well as established case law.
According to the law, an establishment that sells alcohol to a person who is already intoxicated may be held liable for any resulting damages or injuries caused by that individual, such as in a drunk driving accident.
However, dram shop liability cases can be challenging to prove. The plaintiff needs to show evidence that the business served the person while they were visibly intoxicated to the extent that presented a clear danger and that this overservice was the proximate cause of the injuries.
When Is a Business Liable?
Not every drunk driving accident leads to a viable dram shop liability claim against a bar or restaurant. A few key factors must be present:
- Visible intoxication: The patron must have been showing obvious signs of heavy intoxication at the time they were served, such as slurred speech, trouble walking or standing, or vomiting. Simply having consumed several drinks is not enough by itself.
- Irresponsible service: The business continued to serve the visibly intoxicated person more alcohol instead of cutting them off. Serving someone who is only moderately buzzed or tipsy does not typically give rise to liability.
- Foreseeable danger: The intoxication created a clear risk of foreseeable harm to the person or others, such as the obvious danger of an extremely drunk person getting behind the wheel.
- Causation: The alcohol service was the actual and proximate cause of the resulting accident and injuries. If the person did not drive, or if some other factor superseded to cause the crash, the business may not be liable.
At Swilley Law Firm, our skilled dram shop liability attorney knows how to investigate and document these critical issues to build a strong case against negligent bars and restaurants. We work with witnesses, toxicology experts, and accident reconstructionists to prove the establishment’s legal responsibility.
Damages in Dram Shop Cases
A successful dram shop lawsuit can provide valuable compensation to those seriously injured by overserved drunk drivers, including:
- Medical bills and future medical expenses
- Lost wages from missed work
- Reduced earning capacity from disabling injuries
- Pain and suffering
- Emotional distress
- Disfigurement and loss of enjoyment of life
- Property damage to vehicles or personal items
- Wrongful death compensation for surviving family members
In some egregious cases, the court may also award punitive damages to punish the reckless conduct of bars and restaurants and send a strong message about the seriousness of overserving patrons. A knowledgeable dram shop liability lawyer can assess all of your damages to pursue maximum compensation.
How Our Florence Dram Shop Liability Attorney Can Help
If you suspect you may have a dram shop liability case, the legal team at Swilley Law Firm is ready to help. We offer personalized service and tireless advocacy for injured victims in Florence and the surrounding areas.
When you work with us, we will:
- Meet with you to hear your story and evaluate your potential case
- Identify all liable parties, including the drunk driver and any bars or restaurants that overserved them
- Gather critical evidence to document the visible intoxication and improper alcohol service
- Handle all communications and negotiations with the insurance companies
- Prepare your case and argue forcefully for your rights in court if a fair settlement cannot be reached
We have a proven track record of success in complex dram shop liability and drunk driving accident claims. Our experienced dram shop liability lawyer in Florence will anticipate the challenges and work diligently to counter them. They will know which evidence can effectively demonstrate the establishment’s liability and how to present a compelling case in court.
The Role of Evidence in Building a Dram Shop Case
Solid evidence is the foundation of any successful dram shop claim. Gathering proof requires meticulous effort and strategic planning. Key forms of evidence include:
- Receipts and transaction records: Showing how much alcohol was served.
- Surveillance footage: Capturing the patron’s behavior inside the establishment.
- Witness testimony: Statements from bartenders, servers, and other patrons.
- Police and medical reports: Providing documentation of the incident and injuries sustained.
A Florence dram shop liability attorney will analyze this evidence to determine whether the business failed in its duty to prevent overserving or serving minors. Without proper legal representation, important details could be overlooked, weakening your case.
South Carolina Dram Shop Liability Law
South Carolina’s dram shop liability law is codified in Section 61-4-580 of the SC Code. It explicitly states that a business licensed to sell alcohol is exclusively prohibited from selling beer or wine to an intoxicated person or to a person under the age of 21. It also prohibits permitting any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of South Carolina;
The statute of limitations for most dram shop lawsuits in South Carolina is 3 years from the date of injury.
However, claims against government-run businesses like municipal airports must be brought within 2 years.
Dram shop laws are not just about compensation; they are about accountability and prevention. When businesses are held responsible for overserving alcohol, it sends a message to other establishments to prioritize public safety. Preventing one accident could save countless lives, and that is the larger purpose behind these laws.
In Florence, where community bonds run deep, the ripple effects of a tragic alcohol-related incident can be devastating. Families deserve justice, and holding negligent businesses accountable can bring a measure of peace to those affected.
An experienced Florence dram shop liability attorney can determine how these rules and deadlines apply to your unique case. It is critical to act quickly after an accident to protect your rights before time runs out.
Get Help from Our Florence Dram Shop Liability Lawyer
No one should suffer because a bar or restaurant chooses to value profits over safety. If you have been harmed by an overserved drunk driver, you deserve answers and accountability. Let the passionate legal team at Swilley Law Firm, LLC fight for you.
We offer free initial consultations so you can get the advice you need without risk or obligation.
Time is limited, so contact us today to discuss your potential dram shop liability case.
We are committed to ensuring that victims in Florence receive the compensation they deserve and that those responsible are held accountable. Call Swilley Law Firm, LLC now to discuss your case and explore your legal options.
