Drunk driving collisions can lead to fatalities and catastrophic injuries. These incidents are especially devastating because driving while intoxicated is entirely avoidable.
In addition to the responsible driver, the establishment that served alcohol to an intoxicated person may have liability for injuries resulting from a drunk driving crash.
Speak to a Kingstree Dram shop liability lawyer if you or a loved one were injured in an accident caused by intoxicated driving. Our compassionate auto crash attorneys are here to help with your case.
Understanding Dram Shop Liability Laws
Dram shop laws apply to establishments that are legally allowed to serve alcohol. Pursuant to South Carolina Code Annotated § 61-4-580, it is a crime for establishments holding a liquor license to serve alcohol to an intoxicated person. Over-serving a drunk individual is illegal due to the inherent safety risks. This risk is magnified when the intoxicated person gets behind the wheel of a vehicle. The bar or tavern is responsible for the acts of its servers.
A Kingstree lawyer could advise you on the types of businesses or establishments exposed to liability under state dram shop laws, which include the following:
- Restaurants
- Bars
- Taverns
- Clubs
- Hotels
- Breweries or wineries
- Liquor stores
- Convenience stores
- Sports stadiums
The consequences of violating state dram shop laws include losing a business’s liquor license.
Suing an Establishment for Dram Shop Violations
In addition to revoking a liquor license, an establishment guilty of violating state dram shop laws may be liable to an injured party. One of the most frequent scenarios for dram shop liability is when the intoxicated person is later involved in a vehicular accident.
If an intoxicated driver injures another person, they will typically file a lawsuit against the responsible motorist. While insurance can play a role in recovering compensation, accidents caused by intoxicated drivers are often catastrophic and can exceed a driver’s insurance limits.
This is why an injured party should always consider the liability of the establishment that may have served alcohol to an intoxicated person. Establishments have a legal duty of care not to serve alcohol to drunk customers, and violating this law can help an injured party prove negligence in a personal injury lawsuit.
A Kingstree attorney could help clients determine the evidence required to prove Dram shop liability. This will vary care by case but can include the following:
- Police reports
- Witness testimony
- Video footage or photos
- Receipts from the establishment
- Phone records
Evidence of inadequate training for bartenders or other employees may also help prove liability.
Potential damages include medical bills, lost wages, pain and suffering, and loss of companionship. A Kingstree lawyer could help you assess the appropriate damages for dram shop liability in your case.
Speak With a Kingstree Attorney About Dram Shop Liability
If overserving an intoxicated person led to an accident that caused physical injuries, please speak with a Kingstree Dram shop liability lawyer. Whetstone Perkins & Fulda will fight hard on your behalf to recover compensation.
In most personal injury cases, you only have three years to file a lawsuit. In some cases, you may only have two years. Delays in filing a claim can cause a court to dismiss your lawsuit. Do not hesitate to speak with our seasoned personal injury attorneys today.
