If you’ve been involved in an alcohol-related incident on Ocean Boulevard in Myrtle Beach, South Carolina, where someone was overserved alcohol and subsequently caused harm, you may be considering pursuing a dram shop claim. Dram shop laws hold alcohol-serving establishments accountable when they serve alcohol to an intoxicated individual who later causes injury, property damage, or harm to others. These laws are designed to protect both the public and the victims of such incidents by enforcing a high standard of responsibility on businesses that serve alcohol.
In South Carolina, dram shop laws are strictly enforced, but proving fault in such cases can be challenging. It involves a legal process that often requires careful documentation, gathering evidence, and understanding the limits of insurance coverage. In this article, we’ll break down the key elements involved in a dram shop claim after overserving alcohol, the steps to prove fault, and how insurance coverage may impact the settlement of the case.
What is a Dram Shop Claim? 
Before diving into the specifics of proving fault and insurance limits, it’s essential to understand what a dram shop claim is and when it applies. Dram shop laws exist to hold alcohol-serving establishments, such as bars, restaurants, and other venues, accountable for over-serving alcohol to individuals who are already intoxicated.
Under these laws, if a patron is served alcohol while visibly intoxicated and later causes harm — either to themselves or others — the business may be held liable for the damages. South Carolina has specific dram shop laws that allow injured parties to pursue claims against establishments that contributed to an individual’s impairment. This holds these businesses to a high standard of responsibility.
A dram shop claim can apply in various situations, including:
- Car accidents: When an intoxicated individual causes a motor vehicle accident after being served alcohol at a local bar or restaurant.
- Personal injuries: Injuries caused by an intoxicated individual, such as assaults or falls, resulting from the establishment’s failure to monitor alcohol consumption.
- Property damage: Situations where damage to property occurs due to the actions of a drunken individual who was overserved.
Proving Fault in Dram Shop Cases
Proving fault in a dram shop case can be challenging, but it is a critical aspect of securing compensation for the victim. To successfully pursue a dram shop claim in South Carolina, certain elements must be established. The burden of proof typically lies with the claimant — the injured party. Below, we outline the key steps in proving fault and how the evidence plays a crucial role.
1. Proving the Establishment Overserved Alcohol
The first step in proving fault is showing that the establishment continued to serve alcohol to the individual even though they were already visibly intoxicated. This can be accomplished through various means, including:
- Witness Testimonies: Eyewitnesses who saw the individual being served after they were visibly intoxicated can be valuable in demonstrating that the establishment failed to follow responsible alcohol-serving practices. This includes patrons or staff members who can testify that the individual was slurring their words, unsteady on their feet, or showing other signs of intoxication.
- Surveillance Footage: Many bars and restaurants have security cameras that monitor the activity within their premises. Video evidence showing the intoxicated individual being served alcohol after exhibiting signs of impairment can be a powerful tool in proving fault.
- Bartender’s Actions: If there is evidence that the bartender or staff ignored signs of intoxication or served alcohol to an underage individual, this can directly implicate the establishment in the incident. Establishing that the staff were aware of the individual’s state is a key part of proving overserving.
2. Establishing the Link Between Overserving and the Incident
Once you’ve established that the individual was overserved, the next step is to show that their intoxication directly led to the harm or injury. For example:
- In Car Accident Cases: If the individual caused a car accident, evidence of their blood alcohol content (BAC) can be used to demonstrate that their intoxication played a key role in the crash. The BAC level is often a strong indicator of impairment and can be used to establish that the individual was too intoxicated to drive safely.
- Personal Injury or Assault Cases: If the intoxicated individual caused an assault or physical injury, medical records, witness accounts, and police reports can all be used to establish the connection between the individual’s level of intoxication and the incident.
3. Evidence of the Establishment’s Negligence
South Carolina’s dram shop laws also require proof of negligence on the part of the establishment. The establishment must have known, or should have reasonably known, that they were overserving alcohol. This may include evidence that:
- The establishment had a history of serving intoxicated patrons.
- Staff were trained to recognize signs of intoxication but failed to act accordingly.
- The business failed to adhere to state or local laws regarding alcohol service.
The Role of Insurance in Dram Shop Claims
After establishing fault, the next challenge in a dram shop claim is navigating the insurance coverage provided by the alcohol-serving establishment. In many cases, the establishment’s insurance policy will cover the damages caused by overserving alcohol. However, the limits of these insurance policies can vary significantly, impacting the amount of compensation available to the victim.
General Liability Insurance
Most bars and restaurants carry general liability insurance to cover accidents and incidents that occur on their premises. This coverage may extend to situations where a patron causes injury or damage due to intoxication. However, it’s important to understand that general liability insurance often has limits on coverage, which may not fully cover the extent of the damages caused by a drunk driver or injured individual.
Liquor Liability Insurance
In South Carolina, some establishments are required to carry liquor liability insurance, which is specifically designed to cover incidents resulting from overserving alcohol. This type of insurance can provide more comprehensive coverage than general liability insurance and may cover medical expenses, property damage, and legal fees related to dram shop claims.
Insurance Limits and How They Impact Your Case
The insurance limits associated with a dram shop claim are a crucial consideration. Depending on the policy in place, the business may not have enough coverage to fully compensate for the damages. If the available insurance coverage is insufficient, you may need to pursue other legal avenues, such as:
- Filing a Personal Injury Claim: If the insurance limits do not cover the full extent of your injuries, you may be able to file a personal injury lawsuit against the intoxicated individual or other liable parties.
- Exploring Other Liable Parties: In some cases, there may be other parties who are partially responsible for the incident. For example, the intoxicated individual’s companions or other individuals involved in the situation may have contributed to the harm.
Steps to Take After an Overserving Incident
If you are involved in an incident where an individual has been overserved alcohol, it’s essential to take immediate steps to protect your rights and pursue justice. Here’s a checklist of actions to follow:
1. Seek Medical Attention
Your health and well-being should always be your first priority. If you have been injured, seek medical attention immediately and keep detailed records of your treatment, diagnosis, and recovery process. This documentation will be valuable in supporting your claim for damages.
2. Gather Evidence
Collect any available evidence that can help support your dram shop claim, including:
- Witness Statements: Get contact information from anyone who saw the incident or observed the intoxicated individual being served alcohol.
- Photographs and Video: If possible, take photos of the scene and injuries. Secure any surveillance footage that may show the overserving of alcohol.
- Police Reports: If the incident involved law enforcement, get a copy of the police report, as it may contain important details about the intoxicated individual and the events surrounding the incident.
3. Consult an Attorney
Dram shop claims can be complicated and require legal expertise to navigate successfully. Contact a local attorney who specializes in personal injury or alcohol-related injury claims. They can help you understand your legal options and assist with gathering evidence, negotiating with insurance companies, and pursuing a lawsuit if necessary.
Dram shop claims after overserving alcohol can be a challenging legal process, but they are an important way to hold alcohol-serving establishments accountable for their actions. By proving fault through evidence, understanding the role of insurance, and navigating potential limits, victims can seek compensation for their injuries and damages. If you’ve been harmed in an alcohol-related incident in Myrtle Beach or elsewhere in South Carolina, it’s critical to consult with an experienced attorney who can help you pursue the justice and compensation you deserve.
Call
McCutchen Vaught Geddie & Hucks, P.A. today for a free consultation to discuss your dram shop claim and ensure that your rights are protected.
