Dram shop law cases are personal injury lawsuits that involve the illegal sale or serving of alcohol. In these cases, the plaintiff seeks to hold the server, store clerk, bar or restaurant liable for the harm caused by the drunk customer.
What is a dram shop?
“The term dram shop is used to describe a tavern, bar, restaurant, or other commercial establishment that serves alcoholic beverages. It was used to refer to establishments where spirits were sold by the spoonful or a dram, a unit of liquid measurement.” (alcohol.org)
What is a dram shop case?
Dram shop laws originated in the United States during the 19th century.
A dram shop law case occurs when the intoxicated person causes injury or death to a third party after the dram shop has sold beer or wine to them under one of the following conditions: the person was under the age of twenty-one or was already intoxicated. That third party may then bring a lawsuit against not only the drunk person, but also against the place that sold the alcohol to the already intoxicated person or minor.
Although there is no specific dram shop statute in the Palmetto State, South Carolina does recognize dram shop claims. SC law Section 61-4-580 states: “No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder’s permit: sell beer or wine to a person under twenty-one years of age; sell beer or wine to an intoxicated person.”
Proving a dram shop claim can be tricky. That’s why it’s important to contact a lawyer who can help. You must prove that the restaurant or bar knowingly served alcohol to a minor or someone who was already clearly drunk, and that your injuries were caused by that barfly’s being under the influence.
Dram shop law cases in South Carolina
Hartfield v. The Getaway Lounge & Grill, Inc. (697 S.E. 2d 558, 388 S.C. 407) set the rules for proving alcohol liability in South Carolina. The South Carolina Supreme Court decided this important case in 2010. It involved a customer who was served alcohol at several bars before causing a car accident that killed one person and badly hurt another.
In this case, Hoyt Helton went to several different bars and drank too much. When he arrived at The Getaway Lounge and Grill, the bartender should have been able to tell Helton was intoxicated before serving him three more beers. Later that night, while driving, he crossed over into the wrong lane and hit a car. Jon Erik Hartfield was a passenger in that car. Helton, (whose blood alcohol level measured .212) died in the crash.
Hartfield and his dad decided to sue three of the bars Helton had stopped by that night. They believed the bars were partly to blame for letting Helton drink so much. During the trial, Hartfield’s father testified that his son was badly hurt and was in a coma for over six months. “Jon still requires care, wears a leg brace, is unable to drive, and has problems with short term memory.”
Case results
In the end, Hartfield and his dad won their lawsuit against The Getaway Lounge & Grill.
The court said the bar could be held responsible because:
- The customer’s blood alcohol content (BAC) was .212, showing he was drunk.
- The bar should have known he was drunk.
- The bar could still be liable even if the customer didn’t seem obviously drunk.
This case helped define dram shop liability in South Carolina. This means businesses may be held accountable if they serve alcohol to someone who is intoxicated (over .08% blood alcohol level) or underage and they cause harm.
Over two-million-dollar settlement
On a late night a young lady was driving the speed limit and heading to her third shift where she had worked as a care giver for almost 10 years.
Unknown to her, a man was leaving a bar. He had had a lot of alcohol to drink. In fact, depositions and discovery showed a bar tab of 36 drinks. He was also speeding when he crashed into the rear of the defenseless woman. The police report showed he was going 85 miles per hour in a 40 MPH zone.
The young lady was shocked when the intoxicated man hit her forcing her car to flip several times before it was finally stopped by a tree. The chaos of the accident led to one victim being airlifted to the hospital with EMS and the fire department also involved.
In this case, Attorney Hood of The Law Offices of David L. Hood and his co-counsel legal team were able to get the maximum available liability insurance ($50,000) from the at fault driver. They were also able to get the total available underinsurance of $100,000.
But the largest recovery was getting the entire insurance available under the South Carolina Dram Shop Act – which was $2,000,000.
South Carolina dram shop act requirements
In South Carolina, businesses with liquor licenses are required to carry at least $1,000,000 to cover situations where they knowingly serve alcohol to someone who is visibly drunk and hurts an innocent party. Typically, to get this kind of result, the lawyers have to file suit (which they did in this case) and engage in thorough investigations, discovery & depositions. Any videos, training and statements are critical to get in dram shop cases. If someone is a victim of an intoxicated person who’s just left a bar, restaurant or club, it’s key to contact an experienced dram shop lawyer to help get the best results.
What is the statute of limitations for dram shop law cases?
Like other personal injury cases in South Carolina, the statute of limitations on dram shop law cases is usually three years. This means you typically have up to three years from the date of the accident to file a case.
In SC, businesses who sell on premises drinking alcohol are required by law to have a minimum $1,000,000 liability policy.
Every drunk driving claim is unique. So, it’s impossible to generalize about your case without knowing all the facts and circumstances. If you have questions about your potential claims, call us at (843) 491-6025.
Injured by a drunk driver? Steps to take:
In the aftermath of a drunk driving wreck, it’s understandably hard to think clearly. Your focus is on your safety, getting medical attention, and calling law enforcement. If you didn’t think to take pictures or identify witnesses, don’t panic. An experienced South Carolina car accident and personal injury lawyer can investigate the crash that injured you and collect evidence for your claim.
After the accident, you’ll typically have to file a series of insurance claims. The insurance adjuster may want to take your statement and might discourage you from hiring a personal injury lawyer. It’s not in your best interest to make statements or negotiate a settlement without help from an attorney (see our blog Insurance Company Bluff). Instead, you should contact an experienced motor vehicle accident lawyer (who’s handled dram shop cases) right away for help.
Motor Vehicle Accident Attorney David L. Hood: Fighting for Victims of Drunk Driving and Personal Injury in South Carolina
If you or a loved one suffered injuries or death in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood to help you! We have served South Carolina accident and dram shop victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.
*Settlements are posted for informational purposes only. Any future verdicts or settlements cannot be predicted from prior results. Any result the lawyer, law firm or co-counsel may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
