Our Blog

Can I Sue a Bar or Restaurant for Over-Serving Me Alcohol?

Can I Sue a Bar or Restaurant for Over-Serving Me Alcohol?

The purpose of most dram shop laws is to encourage bars to stop serving alcohol to patrons who are clearly intoxicated and could pose a serious risk to others if they were to get behind the wheel of a car. Dram shop cases, therefore, are usually to assist an injured third party. As a result, an injured party may receive compensation from a bar for over-serving the drunk driver who caused the car accident.

However, there is no specific statute in the state of South Carolina that bars dram shop claims from being brought forth to be reviewed by a judge. Under certain circumstances, the driver in a dram shop case may also have legal options they could pursue.

A Driver’s Party in Dram Shop Cases

In the context of dram shop litigation, any claim made by the allegedly intoxicated driver is referred to as a first-party dram shop case. These cases are extremely hard to prove since most judges and juries believe that an adult who is of legal age to consume alcohol should be held responsible for their own actions.

In order to prove a first-person dram shop case, the patron who was overly served must prove that the bar or restaurant acted recklessly. This means they must provide evidence that the bar knowingly served them when they were clearly intoxicated and chose to ignore the life-threatening risks associated with over-serving alcohol.

However, there is one caveat to these first-person dram shop cases. If a bar either knowingly or unknowingly over-serves a minor who then wrecks with another driver, the minor may be able to sue the establishment.

These specific variations of dram shop cases may be easier to win and prove because the action of serving the minor was illegal to begin with. In either scenario, it is essential to contact a personal injury lawyer who understands the complexities of these types of dram shop cases.

Contact a Lawyer About Your Dram Shop Case

If you were in a DUI-related car accident because you were over-served at a bar or restaurant, please reach out as soon as possible. While first-party dram shop cases are hard to negotiate successfully, having a seasoned professional on your side may make the process that much easier. Contact Christmas Injury Lawyers to schedule your consultation on your dram shop case.

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.