In South Carolina when you’re injured in an accident as a result of a drunk driver, usually your first thought is that the person who drank is the one solely negligent and responsible for the damages. While this may be true for the majority of the time, there can also be some situations where an additional party may be considered accountable for the accident and the damages.
There are many states that recognize a dram shop liability statute; however, South Carolina does not specifically have a dram shop statute as a part of the law. These types of claims are recognized and accepted to help individuals pursue the legal action against a party other than the drunk driver, but only when their actions contribute to the accident.
What Exactly is Dram Shop Law?
Dram shop law is when a bar, convenience store, or any other establishment that serves alcohol to someone who is already intoxicated or happens to be a minor, they could be considered responsible if the person they serve go on to cause a possible injury in a car accident.
The courts tend to look at this action as negligence simply because the establishment should be able to foresee that the person they may serve could possibly cause harm to someone else. With that being said, the lawsuit against the establishment is in addition to any legal action taken against the drunk driver.
What is Social Host Liability?
Social host liability is the type of situation where it involves minors who are provided alcohol by a social host, for example at a house party. Yet, social host liability does not exist when an adult is served alcohol in this setting. Still a homeowner or person who served the minor alcohol can be considered liable for any accident caused after the fact from when they served them alcohol.
The state of South Carolina also imposes criminal charges against those people who help minors obtain alcohol or who serve minors alcohol.
After a drunk driving accident that results in injuries, the Trey Harrell Auto Accident and Personal Injury Attorney works hard to help the victim pursue the compensation you deserve.
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Disclaimer: Information in this blog is intended for informative purposes only and not legal advice. Please consult with a licensed attorney before you make any decisions on legal matters. Further, viewing of this information does not create an attorney-client relationship with Trey Harrell Auto Accident and Personal Injury Attorney. Matters will be handled by an attorney who primarily practices out of our office in Charleston County located at 2000 Sam Rittenberg Blvd. Charleston, SC 29407. Robert W. “Trey” Harrell, III is the attorney responsible for this posting.