If you or a loved one is involved in an accident with a driver who is under the influence of alcohol, you may be wondering if suing a bar for overserving is possible. The answer is yes, it is possible to sue the bar/restaurant for serving a customer who caused an accident.

However, proving your case can be complicated, which means you will need the help of a skilled wrongful death attorney. Steven M. Krause has the experience and expertise you need to help you recover from tragedy. He has represented victims of fatal/ catastrophic accidents in South Carolina for more than forty years.

South Carolina Dram Shop Laws

South Carolina has laws in place that prohibit an establishment from selling alcohol to customers who are already intoxicated.

• South Carolina Code 61-4-580 prohibits the sale of wine/beer to intoxicated customers
• South Carolina Code 61-6-2220 prohibits the sale of liquor to intoxicated customers

These laws are known as “dram shop liability” and are designed to allow victims to sue not only the negligent driver but also the bar or restaurant that broke these laws. The purpose of these laws is to promote public safety.

However, in order to hold the bar responsible the victim must prove the following:

• The bar/restaurant sold alcohol to an intoxicated person
• The accident, which resulted in injury or death, was caused by the intoxicated person

If the intoxicated driver is underage, you may also be suing a bar for serving a minor, which can involve fines and jail time in addition to the civil liability of in your case.

Three Benefits of Proving Dram Shop Liability

There are three potential benefits that come with proving dram shop liability in a South Carolina accident case:

• If bar/restaurant violated the law it is considered negligence per se, which relieves you of one elements of the proof you are required to show to hold the bar/restaurant responsible.
• Your case may qualify for punitive damages, which makes it more complicated- but increases the amount of damages you may be entitled to recover.
• Even if the bar/restaurant is only 1% liable for overserving an intoxicated customer or for serving alcohol to a minor, you can recover the entire settlement amount from them.

Contact The Law Office of Steven M. Krause, PA

If you or a loved one was involved in an accident with an intoxicated driver that caused injury or death, let The Law Office of Steven M. Krause, PA handle your case. Mr. Krause has represented plaintiffs in personal injury and wrongful death cases for more than four decades. He has the experience and expertise to prove violations of South Carolina dram shop laws. He can help you whether you are suing a bar for serving a minor, or for overserving a patron.

Schedule your consultation by calling the office at (864) 225-4000 or visiting our website.

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HOURS & ADDRESS

• 207 E. Calhoun St. Anderson, SC 29621
• (864) 225-4000Local
• 864-844-4836 En Español
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• 864-964-0788 FAX

Office Hours

• Monday - Thursday9am - 3pmFridays - Closed

Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.