Alcohol-related accidents are notoriously dangerous. They often leave drivers and pedestrians with serious injuries, emotional trauma, and financial burdens. Intoxicated persons should be responsible for the harm they cause, but they are not always the only parties at-fault. When a bar or restaurant overserves a visibly intoxicated person who then causes harm to others, South Carolina’s dram shop laws may hold that establishment accountable. When you or a loved one has been injured due to a drunk driver or another alcohol-related incident, an Orangeburg dram shop liability lawyer at Whetstone Perkins & Fulda could help you seek justice and compensation. Call today to speak with a compassionate car accident attorney.
Understanding Dram Shop Liability
Dram shop liability refers to the legal responsibility that bars, restaurants, and other establishments have when they negligently serve alcohol to someone who is already intoxicated or underage.
A business may be held liable if:
- They served alcohol to a patron who was visibly intoxicated
- The intoxicated person caused an injury, death, or damage to another party
- The injuries sustained were a direct result of the intoxicated person’s actions
Dram shop liability cases can be complex, requiring clear evidence that an establishment continued to serve someone despite apparent signs of intoxication. At Whetstone Perkins & Fulda, our legal team understands the nuances of dram shop liability in Orangeburg and will work hard to hold negligent parties accountable.
Several parties can be liable in dram shop cases. Bars, restaurants, and clubs serve alcohol to patrons, and they must stop serving people who are visibly intoxicated. Their servers are the most likely to encounter intoxicated people, and the establishment’s owners should engage in training to help them address this issue.
Liquor store owners and retailers need to be aware that selling alcohol to an underage or already intoxicated individual can result in liability if harm occurs. While South Carolina does not have a strict social host liability law for adults, those who knowingly provide alcohol to minors may still face consequences. If a business or individual fails to exercise responsible alcohol service and their negligence results in harm, they should be held accountable.
Common Cases Involving Dram Shop Liability
When an overserved individual gets behind the wheel and causes a crash, the injured party may be able to hold the establishment that served them accountable. However, car wrecks are not the only times a dram shop liability lawyer might be able to help individuals in Orangeburg.
Intoxication can lead to physical altercations. If a bar or club oversees someone who then assaults another patron, the establishment may share liability. Drunken patrons who create hazardous conditions inside a bar or restaurant, leading to injury, may also be a factor in liability cases. Similarly, an intoxicated person who causes harm to a pedestrian after being overserved may give rise to a dram shop claim.
Forms of Compensation
Regardless of the nature of the incident, injured parties of these cases may be eligible for various types of compensation, depending on the nature and extent of their injuries and how they interfere with work and other aspects of daily life.
Potential damages include the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Wrongful death
The amount of these damages depends on whether they are economic or non-economic. While South Carolina law does not cap economic damages in dram shop cases, it does limit non-economic damages.
Get in Touch With an Orangeburg Dram Shop Liability Attorney Today
To prove that a dram shop is liable, it is not enough to show that a person was intoxicated when they left the establishment. Instead, the evidence must show that the establishment continued serving alcohol when they should have stopped.
Whetstone Perkins & Fulda has Orangeburg dram shop liability lawyers with the resources and experience to build compelling cases against negligent establishments and their insurers. Schedule a free evaluation to find out how we could help you.
