Can I sue the bar that served the drunk driver who caused my accident?
If an intoxicated South Carolina bar patron is served alcohol and then gets in a drunk driving accident, the driver as well as the establishment that served him or her may be the target of a lawsuit by anyone the driver injured.
This is called “dram shop liability.” It refers to the idea that bars, restaurants, and other establishments that are licensed to sell alcohol can be held liable when they serve patrons who subsequently injure or kill somebody else in a drunk-driving accident.
Under South Carolina law, “a person or establishment licensed to sell alcoholic liquors or liquor by the drink … may not sell these beverages to persons in an intoxicated condition.” Dram shop liability might also be triggered in South Carolina when an establishment sells liquor to a person under age 21.
In a drunk driving accident case, it is common for attorneys to pursue actions against both parties — the drunk driver and the person or establishment that served him or her. Although the individual server who provided the alcohol to the intoxicated person may be named in the lawsuit, liability typically falls on the bar or restaurant that employs the server.
To learn more, please see our page on Drunk Driving Accidents.
Posted in: Car Accidents