In South Carolina, when a person is injured due to the actions of an intoxicated individual, liability may extend beyond just the person who caused the harm. State law allows victims to pursue legal action against the bar, restaurant, or establishment that served alcohol—if that business violated liquor liability laws.
Whether it’s a drunk driving accident, a violent altercation at a bar, or an incident involving an underage drinker, South Carolina’s Dram Shop laws play a critical role in determining who may be liable for alcohol–related injuries.
These laws are especially important for both injury victims and alcohol-serving businesses to understand. For victims, they provide an avenue to seek compensation from all responsible parties. For business owners, failing to comply with Dram Shop laws can result in serious legal consequences, including lawsuits and the loss of a liquor license.
If you were injured in an accident that involved an intoxicated party, contact a South Carolina personal injury lawyer for representation.
What South Carolina Law Says About Serving Alcohol
Under South Carolina Code § 61-4-580, it is illegal for any business licensed to serve alcohol to:
- Sell or give alcohol to anyone who is under the age of 21
- Serve alcohol to someone who is visibly intoxicated
This law applies to restaurants, bars, nightclubs, hotels, private clubs, and any other establishments permitted to sell alcohol for on-site consumption. If a business violates this law, and the person they served later causes an injury or fatality, the business can be held liable for damages under South Carolina’s Dram Shop doctrine.
The key factor in these cases is whether the alcohol was served negligently—meaning the server either knew or should have known that the customer was intoxicated or underage.
Unlike some states that require a criminal conviction or extreme circumstances, South Carolina allows civil claims against establishments that serve alcohol in violation of these rules.
Real-World Examples of Liquor Liability
Dram Shop liability most commonly arises in the context of drunk driving accidents. For instance, if a bartender continues serving a customer who is clearly impaired, and that person drives away and causes a collision, the establishment may be sued for its role in enabling the incident.
These laws also apply in cases where alcohol contributes to violent acts, such as assaults or bar fights. If a patron becomes aggressive after being over-served and injures another person, the business may be held responsible for not cutting them off or removing them from the premises.
Importantly, Dram Shop laws also cover instances where alcohol is served to minors—even if that minor did not appear intoxicated at the time of service. In these cases, the mere act of serving alcohol to someone under 21 can be enough to establish liability if that individual later causes harm.
Required Liquor Liability Insurance in South Carolina
Because of the financial risks associated with serving alcohol, South Carolina law mandates that businesses carry a specific level of insurance coverage.
Under South Carolina Code § 61-2-145, any establishment licensed to sell alcohol for on-site consumption must maintain at least $1 million in liquor liability insurance coverage.
This requirement applies to:
- Restaurants
- Bars and clubs
- Event venues
- Hotels
- Breweries and tasting rooms
Liquor liability insurance provides coverage for injuries or damages resulting from the negligent service of alcohol. Without this insurance, a business can face devastating financial exposure in the event of a lawsuit—not to mention the potential loss of its alcohol license.
Compliance with this law is not optional. Failing to carry the required insurance can result in penalties from the South Carolina Department of Revenue, denial of license renewal, or revocation of an existing license.
What Victims Need to Prove in a Dram Shop Case
If you’ve been injured by a drunk driver or intoxicated individual, pursuing a claim under South Carolina’s Dram Shop laws requires clear evidence that the establishment served the person unlawfully.
This may include showing that the person was obviously intoxicated at the time they were served or that the server knowingly violated the law by serving a minor.
Strong evidence can include:
- Eyewitness accounts of how the person behaved while being served
- Surveillance footage from the bar or restaurant
- Drink receipts or transaction history
- Police reports or blood alcohol concentration (BAC) tests
- Expert witness testimony
Dram Shop claims often involve a thorough investigation, especially if the business denies any wrongdoing or claims the person was not served while visibly intoxicated.
These cases can be complex, which is why legal representation is so important. A skilled attorney can help gather the necessary evidence, preserve critical records, and hold all liable parties accountable.
What Business Owners Need to Know
If you own or operate an establishment that serves alcohol in South Carolina, it’s crucial to understand your responsibilities under Dram Shop laws. You can be held liable for injuries caused by intoxicated or underage patrons—even if those injuries occur off your premises.
To reduce your risk of liability:
- Ensure all staff members are properly trained to recognize signs of intoxication
- Have clear policies in place for checking IDs and refusing service
- Monitor guests and intervene when necessary to prevent over-service
- Always maintain the required liquor liability insurance coverage
Taking these steps not only protects your business legally but also helps ensure public safety.
Legal Help for Victims and Business Owners
Whether an intoxicated person has injured you or you operate a business that serves alcohol, understanding South Carolina’s Dram Shop laws and who is liable for alcohol-related injuries is essential.
For victims, these laws provide a path to pursue compensation beyond the individual who caused the harm. For business owners, they highlight the importance of responsible alcohol service and legal compliance.
Dram Shop cases are often high-stakes and emotionally charged. Victims may be dealing with catastrophic injuries or the loss of a loved one. Business owners may be navigating complex insurance and licensing requirements while facing legal claims.
In either case, having experienced legal counsel is vital. A qualified attorney can investigate the facts, advise on liability, and build a strong case—whether you are seeking justice or protecting your business.
Contact Auger & Auger for Legal Guidance
If you’ve been injured by someone who was over-served alcohol or you’re a business owner facing a liquor liability concern, we can help. At Auger & Auger, we have over 30 years of experience handling Dram Shop and alcohol-related injury cases throughout South Carolina.
Our team knows what it takes to build strong claims, protect clients’ rights, and pursue justice through the civil legal system. We also help businesses understand and navigate their responsibilities under state law.
With our A&A Zero Fee Guarantee, you don’t pay anything unless we win your case.
Schedule your free, no-obligation consultation today. Whether you’re seeking compensation or clarity, we’re here to guide you through every step of the process.
