Can Bars Be Held Liable for Overserving Alcohol?

Story by Gregory Rouse
January 2, 2025

Every 18.5 hours, a drunk driver takes someone’s life in South Carolina. When tragedy strikes, families often wonder who should be held responsible—especially if a bar or restaurant continued serving alcohol to someone who later caused a crash.

The state’s Dram Shop liability laws determine whether establishments can be held responsible for overserving alcohol. However, liability is not always straightforward and depends on the specific circumstances of each case. 

If you or a loved one has been hurt by a drunk driver who was overserved by a bar or restaurant, the experienced attorneys at Berly Rouse can help. We can help you understand how Dram Shop liability laws apply in your case and help you seek fair compensation. 

What Is Dram Shop Liability?

Dram shop liability refers to laws that hold alcohol-serving establishments, such as bars, restaurants, or liquor stores, responsible for harm caused by their patrons if they overserve alcohol. These laws are designed to encourage responsible alcohol service and reduce the risk of accidents caused by intoxicated individuals.

In South Carolina, Dram Shop liability applies in the following situations:

• Underage alcohol sales. Serving alcohol to individuals under 21 is prohibited, as they are not legally allowed to purchase or consume alcohol.

• Service to intoxicated individuals. Providing alcohol to someone who is visibly intoxicated is considered negligent and can lead to dangerous consequences. When an intoxicated person’s actions, such as driving under the influence, result in injury or damage, the establishment that served them may be held accountable.

How Dram Shop Laws Protect Victims

Dram shop laws provide a path for victims to seek compensation when they’ve been harmed by someone who was overserved alcohol. This compensation can cover:

• Costs associated with treating injuries sustained in the accident.
• Compensation for income lost due to an inability to work.
• Pain and suffering damages for physical pain and emotional distress.
• Wrongful death compensation for families who have lost a loved one due to a drunk driving accident.

Real-World Case Example: Samantha Miller

The recent case of a South Carolina woman offers an example of how Dram Shop laws work in the state. In 2023, Samantha Miller was tragically killed when a drunk driver struck the golf cart she was riding in on her wedding night in Folly Beach, South Carolina. 

The driver had been drinking at several bars throughout the day and was served alcohol despite showing signs of intoxication. Her blood alcohol level was found to be three times over the legal limit at the time of the crash.

Her family filed a lawsuit against multiple bars that continued serving the driver, claiming their negligence contributed to the collision. In 2024, the case resulted in a partial settlement of $1.3 million from several establishments. This devastating loss is a reminder of the real-life consequences of overserving alcohol.

Establishing Liability Under Dram Shop Laws

To prove Dram Shop liability, you need to show that the bar or restaurant acted irresponsibly when serving alcohol. This typically involves showing: 

• Visible intoxication. You need evidence the establishment served someone who was visibly intoxicated, for example, showing signs like slurred speech, stumbling, or loss of balance. Witness statements, surveillance footage, or receipts can help establish this.

• Causation. It must be shown that the intoxicated individual’s actions caused harm. Evidence like police reports, eyewitness accounts, or crash scene details can tie their actions to the injuries or damages. For instance, linking a visibly intoxicated driver to a collision can demonstrate this connection.

• Negligence by the establishment. You’ll need to demonstrate that the establishment failed to act responsibly in serving alcohol. Proof could include staff testimony, receipts showing overserving, or surveillance footage of someone displaying obvious signs of intoxication.

How Berly Rouse Can Help

Dram shop liability cases can be complex, requiring legal expertise to gather evidence, build a strong case, and negotiate with insurance companies. At Berly Rouse, we have extensive experience handling Dram Shop liability, wrongful death, and motor vehicle collision cases in South Carolina.

Our team can:

• Investigate the accident, including reviewing police reports, witness statements, and surveillance footage.
• Identify all parties responsible for the harm caused.
• Work with medical and financial experts to assess damages.
• Advocate for your rights in negotiations or court to help you receive the compensation you deserve.

Take Action With Experienced Legal Help

Suffering harm because of someone else’s negligence can be overwhelming, especially when preventable. We understand the emotional toll that drunk driving accidents take on victims and their families, and we can help you find justice and closure.

If you or a loved one has been affected by the actions of an intoxicated individual overserved at a bar or restaurant, don’t face this challenge alone. At Berly Rouse, our compassionate attorneys have experience handling Dram Shop liability cases in Charleston. We’ll stand by your side, providing the support and legal guidance you need during this difficult time.
Contact us today for a free, no-obligation consultation. Our knowledgeable team will investigate your case, identify negligent establishments, and pursue the compensation you deserve.

Categories: Dram Shop Liability