Yes. It is possible to hold a bar responsible when its staff over-serves individuals who go on to drive and hurt others.
South Carolina law prohibits a person or establishment licensed to sell alcohol from selling alcoholic beverages to persons in an intoxicated condition. If you prove that this occurred and you were injured by the over-served person, then the establishment or restaurant is negligent per se, or negligent by law.
This does two things: it proves negligence on the part of the establishment and it allows the you to seek punitive damages. Also, because South Carolina law treats conduct involving the use, sale, or possession of alcohol differently from other claims; if a jury attributes any fault to the restaurant or establishment, you may recover the entire award from them even if the jury finds the driver more at fault. This also means that the injured person may recover the entire amount awarded against the driver as well, if the jury finds the establishment more at fault. The reason this matters is because if the restaurant or bar has more insurance coverage than the driver or vice versa, you have a greater chance of recovering.
South Carolina refers to this as dram shop liability. An experienced law firm can help victims of drunk driving—whether a bar or restaurant contributed to the accident or not—be compensated for their injuries and losses.
If you or a loved one have been injured or you have lost a loved one due to a drunk driver, please contact the lawyers at Holland & Usry at 864.582.0416 or toll free at 888.230.1841 for your FREE, confidential consultation. For more information on injury cases download our free report.
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