Proving Fault in a South Carolina Dram Shop Case
Most states have dram shop laws that give drunk driving accident victims or their families another avenue for justice and compensation. These laws hold alcohol vendors liable for death, injury, or other damages caused by a customer they negligently served.
Proving fault in these cases is a relatively challenging task in South Carolina. Our state recognizes dram shop claims but does not have a specific dram shop statute. Instead, injured victims can recover compensation by referring to laws that prohibit the sale of alcohol to intoxicated individuals. Our experienced attorneys can help.
South Carolina Alcohol Retailer Liability
To pursue compensation from a retailer for alcohol-related accidents in South Carolina, you must be able to demonstrate several key points. The most important one is that the retailer knew or should have known that the customer should not have been served.
That often comes down to the obvious intoxication test. The question is whether a reasonable person would have realized that the customer was too intoxicated to be sold alcohol.
Having the right evidence plays a significant role in the outcome of your case. For example, if the customer was caught stumbling around or slurring their speech — either by a security camera or witnesses at the establishment — it can show that they should not have been served.
The attorneys at Whetstone Perkins & Fulda can gather the evidence needed to support your case, including credit or debit card transactions, receipts from the business, and documentation from arrest records or criminal proceedings. We also have a network of experts that we can consult to help prove fault and recover compensation on your behalf.
Schedule a Free Case Evaluation
Find out if you have a dram shop case against the drunk driver who injured you or a loved one. Contact Whetstone Perkins & Fulda today for a free case evaluation. Our accident lawyers have offices in Columbia, Myrtle Beach, Kingstree, and Marion, South Carolina.
