In the past, "dram shops" referred to bars and liquor stores that sold small quantities of whiskey or liquor. The issue arose when patrons, who had been served at these establishments, got involved in car accidents while driving, resulting in injuries. In today's context, drunk driving accidents often cause severe or catastrophic injuries. Unfortunately, many drunk drivers have inadequate insurance to cover the damages and injuries sustained by victims.
While South Carolina doesn't have a specific statute for dram shop claims, state courts allow injured victims to seek damages and recovery from alcohol-related accidents using the state's alcohol sale statutes and negligence laws. Consequently, it's possible to hold restaurants, bars, and other entities accountable for injuries sustained by the driver of a motor vehicle or boat.
Most adults know that driving under the influence isn't just dumb - it's downright dangerous. They know that DUIs often have long-lasting, traumatic effects for everyone involved. What many people don't know is how closely related DUI and dram shop cases are in South Carolina. Consider the following scenarios:
Perhaps a 24-hour gas station doesn't check an I.D. and sells a case of malt liquor to a minor. The minor becomes intoxicated, and with a blood alcohol level exceeding the state limit, the novice driver wrecks their vehicle. One person is killed, and another is seriously injured. Or, in another instance, a bartender gives an overtly intoxicated person one last drink before they leave. The bartender later finds out that the person they served caused a car accident and injured a family of four.
In South Carolina, there are no specific dram shop statutes in place. Nevertheless, the state's courts strive to offer protection to individuals who have suffered injuries due to a drunk driver. However, filing dram shop claims, proving negligence, and navigating insurance coverage can be complicated and frustrating. That's especially true when you're hurt due to no fault of your own, and you're just trying to get through the recovery process. If you've sustained injuries from a drunk driver and believe that the person's intoxication was caused by a third party, it's time to call a dram shop law firm like Lauren Taylor Law.
Dram shop injury victims choose Lauren Taylor and her team of lawyers because they don't shy away from challenging tavern-keeper liability cases. With exceptional investigative skills, they meticulously gather relevant facts, ask hard questions, and build claims that focus on the most favorable outcomes possible. Â Â
Here at Lauren Taylor Law, we've dedicated our legal careers to assisting individuals in finding solutions to challenging legal issues. We're not in the business of prioritizing quick settlements that don't serve our clients' best interests. With decades of combined trial experience, we're passionate about getting you the compensation you deserve and feel privileged to be your dram shop injury lawyer. If you've been hurt by a drunk driver and believe that the driver's intoxication was due to a third party's negligence, get in touch with our dram shop liability lawyers. We can work together to determine if a third party can be held legally responsible.
Dram shop laws in South Carolina are complex, and the situations leading up to a trial or court case can be nuanced and confusing. Having a reliable, compassionate lawyer by your side is the best way to understand the situation you're in and fight for the compensation you deserve. Here are just a few of the most significant reasons why you should consider hiring a dram shop lawyer:
You can rely on your dram shop lawyer to use legal precedents to demonstrate that the establishment licensee failed to fulfill their legal responsibilities to ensure the safety of patrons and the public. Precedent refers to the extensive body of previous dram shop lawsuit rulings in South Carolina that a court must consider when making decisions.
If you've experienced a serious accident that has impacted your financial and personal well-being, financial compensation can provide some relief. A dram shop injury lawyer can help you seek compensation for a variety of issues, which we'll cover in detail later. In cases where you have lost a spouse in a fatal accident, your lawyer can also help create a compensation proposal that considers the loss of financial and emotional support from that person.
In South Carolina dram shop cases, the court needs evidence that the bar or restaurant served too much alcohol to the customer. Evidence can come in various forms. Your dram shop attorney can handle this thorough and time-consuming task so you don't have to.
In addition to evidence gathering, you'll need an attorney to demonstrate that the person's intoxication directly caused the injuries or property damage in question. Your attorney will gather evidence linking the intoxicated individual to the harm. This meticulous legal work is best performed by a lawyer with experience in dram shop liability, who can fill in the missing timeline details of the day of the incident.
Insurance can help cover medical expenses, property damage, and other losses resulting from an incident. Unfortunately, dealing with insurers when you're already suffering from a serious injury or personal loss can be overwhelming. Hiring a dram shop lawyer not only simplifies this process but also helps ensure you receive all the benefits entitled to you under your policy.
Your dram shop lawyer should prioritize your best interests. Sometimes, that involves negotiating a fair settlement with the alcohol-serving establishment. Other times, the best outcomes come in court. Every dram shop accident claim is unique and requires individual consideration. Effectively presenting a case in front of a judge or jury is a specialized skill possessed by experienced litigators. When you hire an experienced, proactive dram shop injury attorney in Bluffton, SC, you can rest easy knowing you'll have strong representation in both private negotiations and in the courtroom.
Today, dram shop laws hold establishments accountable for serving alcohol to intoxicated customers who cause harm. If a bar or restaurant serves alcohol to a visibly intoxicated person who then causes a DUI accident, the establishment can be held liable for resulting injuries. The injured party can also pursue legal action against the intoxicated driver. Dram shop laws would also apply if the intoxicated patron caused harm or damage in a manner other than a car accident.
Dram shop laws are legal statutes that hold businesses accountable for serving alcohol to individuals who are already intoxicated or for selling alcohol to minors who then cause harm to themselves or others. If a business has a commercial liquor license or equivalent in South Carolina, liability may be incurred. Some of the most common types of businesses that incur dram shop liability include the following:
In the settings above, the establishment bears liability depending on the actions of their employees. Servers and other staff members who overserve intoxicated customers may be considered negligent. Some common staff positions that can be at fault under South Carolina dram shop law include managers, cashiers, store clerks, bartenders, and servers.
After an intoxicated driver causes an accident that injures another person, the victim can seek compensation from the establishment that overserved the intoxicated person. To successfully recover compensation in a dram shop case, your dram shop injury attorney in Bluffton, SC must prove that the business was negligent or intentional in serving a minor or an intoxicated person. At Lauren Taylor Law, our goal is to prove negligence in your dram shop case so that we may recover the maximum amount of damages to help you recover.
To do so, we aim to demonstrate the following
The injuries you sustained were primarily caused by the alcohol consumed by the intoxicated driver, which can be proven if the driver is found guilty of driving under the influence (DUI).
The establishment failed to fulfill its obligations to recognize intoxicated patrons, verify legal drinking age with I.D., refrain from serving alcohol to intoxicated or underage individuals, and arrange for safe transportation for intoxicated customers.
The establishment must have had a reasonable awareness that the customer was either intoxicated or underage. Checking the customer's I.D. can help establish their legal age. The level of intoxication can be assessed by observing the behavior of the individual or by tracking the number and type of drinks served to them within a specific period.
As your dram shop injury attorney in Bluffton, SC, one of our biggest jobs is supplying evidence proving that the dram shop in question was negligent. Examples of supporting evidence include the following:
Knowledge of Intoxication Evidence
The plaintiff and attorney must demonstrate that the alcohol establishment was aware or should have been aware that the customer was drunk, by showing that the bar had knowledge of intoxication or should have observed visible signs of drunkenness. Knowledge of intoxication can include knowing:
Visible signs of intoxication can include:
Duty of Care Evidence
Every business has an inherent responsibility to adhere to state law and refrain from serving individuals who are either under the legal drinking age or visibly intoxicated.
Breach of Duty Evidence
Proving that the establishment breached its duty to serve alcohol responsibly and follow the law can include showing that the establishment's employees:
Causation Evidence
An attorney can gather evidence to show that alcohol intoxication directly caused a drunk driving accident or injury by reviewing police reports, arrest records, and court documents. A conviction for DUI, DUAC, or any other alcohol-related offense can serve as compelling proof for legal action.
The short answer to this question is yes. A DUI or DUAC conviction can serve as crucial evidence to support a dram shop liability or drunk driving claim for compensation. Being convicted provides concrete proof that the driver failed in their duty of care, leading to subsequent injuries due to negligence. It's advantageous for victims to enlist a qualified dram shop injury attorney in Bluffton, SC to handle their dram shop liability case. Quality dram shop lawyers - like those at Lauren Taylor Law - conduct investigations into the source of the driver's intoxication and ascertain if any establishment contributed to over-serving the driver.
In dram shop liability cases, which are considered personal injury cases, the state allows a three-year window from the date of injury for victims to file a lawsuit against the bar that overserved a patron. If the filing deadline is missed, the judge may dismiss the case unless there is a valid legal exception. If you're thinking about taking legal action, it's important to reach out to Laurent Taylor Law as soon as possible to explore your options.
South Carolina state law ensures that victims of negligence have a way to obtain financial recovery after being injured in a bar or due to the actions of a negligent establishment. It's important to note that not only the victims of drunk driving accidents but anyone injured by an intoxicated person can file a dram shop liability claim. Compensation from dram shop cases can come from a variety of sources, including those below.
In South Carolina, businesses with an alcohol license are required to have at least one million dollars in liquor liability insurance. This insurance covers both economic and non-economic damages suffered by a victim.
If you're the victim of a DUI accident, you can recover economic damages under dram shop liability. Those damages can include the following:
You may also be eligible for non-economic damages in a dram shop liability claim. Those damages may include one or more of the following:
You can also seek punitive damages in a South Carolina dram shop liability case. These damages are awarded to punish a defendant for causing harm due to reckless, willful, or wanton misconduct. Your dram shop lawyer in South Carolina must prove by clear and convincing evidence that the defendant's actions met the criteria described in the statute. The burden of proof is higher than that required to win compensatory damages in a dram shop liability case.
In drunk driving accidents, courts may consider awarding punitive damages because driving while intoxicated is a deliberate violation of the law that displays a reckless disregard for others. Unlike in most other cases where punitive damages are capped, South Carolina does not limit the amount awarded in a drunk driving case.
If you've been injured due to another person's negligence and you're ready to fight for damages, it's time to call Lauren Taylor Law. Let our team of dram shop injury lawyers litigate your case and secure maximum compensation for your lost wages, hospital bills, property damage, and other losses. When you partner with a proven, experienced, successful attorney, you can increase your chances of getting full compensation.
We have the skills and trial experience needed to handle complex dram shop claims, just like yours. To learn more about your alcohol-related accident and the opportunity to bring a lawsuit against a dram shop, contact us today to schedule a consultation at the law offices of Lauren Taylor.
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A Bluffton fish hatchery is at the forefront of an experimental statewide fish stocking plan to restore wild southern flounder, a popular sport fish with a peculiar look and life history whose numbers have seen marked declines over the past 30 years in South Carolina.Last Friday, the South Carolina Department of Natural Resources and Conservation released 10,000 juvenile flounder in Murrells Inlet south of Myrtle Beach. It was the first time hatchery-reared southern flounder were released in South Carolina.The fish are the prod...
A Bluffton fish hatchery is at the forefront of an experimental statewide fish stocking plan to restore wild southern flounder, a popular sport fish with a peculiar look and life history whose numbers have seen marked declines over the past 30 years in South Carolina.
Last Friday, the South Carolina Department of Natural Resources and Conservation released 10,000 juvenile flounder in Murrells Inlet south of Myrtle Beach. It was the first time hatchery-reared southern flounder were released in South Carolina.
The fish are the product of sperm and eggs of wild brood stock pulled from local waters. But they were raised indoors, at SCDNR’s 1,200-acre Waddell Mariculture Center on the Colleton River in Bluffton.
Five years of development came before the first hatchery-reared fish were released this spring.
“A part of it is taking the pressure off the wild population -- there’s just more fish to catch and to harvest,” SCDNR biologist Erin Levesque, the manager at Waddell Mariculture Center, said of the groundbreaking flounder stocking program. “But for really long-term sustainability, we have hope some fish make it to adulthood and start spawning with other wild members.”
Some of the 45-day-old translucent buggers, less than an inch long at the time of their freedom, may grow to be the size of door mats, as some flounder are known to do.
Waddell, one of the country’s largest and most sophisticated facilities for mariculture research, and the Marine Resource Research Institute in Charleston, both part of the SCDNR, are sharing the burden of raising flounder being stocked in wild waters for the first time to bolster the flagging wild population.
Regional and South Carolina assessments of the fish that swims sideways found that flounder numbers along the southeastern Atlantic coast were at record lows. Average sizes had declined by more than an inch in 10 years.
“It’s been stable -- at a low rate -- for a couple of decades,” said Tanya Darden, director of the SCDNR’s Marine Resources Research Institute.
Stocking estuaries with hatchery-raised fish isn’t the only approach being used to help restore the population.
In 2021, state lawmakers, at the urging of SCDNR fisheries biologists, cut the harvest to five per person and increased the minimum size of “keeper” to 16 inches (it had been 15). At the same time, a $5 saltwater fishing license fee increase was approved to fund the stocking program. SCDNR issues about 117,000 saltwater licenses a year.
Time and more research will tell if the stocking is successful. In about 2 years, the tiny flounder released last week will be big enough to catch. Figuring out the best time to release the hatchery-raised fish, and at what life stage, are critical aspects of the first few years of the experimental program, Darden says.
“We want them to look, act and behave just like wild fish,” Darden said.
The fry fed on zooplankton, just like they do in the wild. The strategy was intentional and meant to cue them into live prey after they are released, said Levesque.
SCDNR is taking a cautious approach until researchers learn more about the adaptation of hatchery-raised fish, Darden said. The initial releases will be small, totaling about 60,000.
“We don’t want to swamp the wild population,” Darden said.
Friday marked the first public release of juvenile flounder, but SCDNR officials in boats tipped bucketfuls of the tiny critters into Murrells Inlet in February. A third Murrells inlet release is planned in April as well. Levesque says she’s heard criticism that fish should be released in varying locations, but the “repeatability” of using a single spot provides advantages that are critical in the research.
Results will be of high interest to anglers as flounder are the third most popular South Carolina saltwater sport fish, behind red drum and spotted sea bass, according to SCDNR. The minimum size of a keeper is 16 inches but those that grow longer than 24 are sometimes called door mats because they are so big and flat.
“They are ambush predators,” Levesque says of flounder, which eat shrimp and small fish.
Before striking, they lurk on the bottom, with their two left-side eyes fixed upward. To camouflage themselves, they use their fins to flip sediment on themselves.
A favorite way of anglers to ambush the fish is night gigging, which involves illuminating shallow waters with light and sticking them with a spear.
The species’ life history is as fascinating as its popularity.
Extremely sensitive to environmental changes, flounder are susceptible to high mortality. The reason is a complex metamorphosis that begins when they are just days old. When flounder hatch out, their eyes are located on both sides and they swim upright. But after 20 days, the right eye migrates, and they begin swimming on sideways so both left eyes look toward the surface.
Minimizing the changes that can threaten the fish as they are developing is one of the challenges for the SCDNR biologists charged with raising the flounder. Each time, juveniles are released in different life stages. For example, some are 20 days old or “pre-metamorphis,” or before their right eye migrates to the left side. Others will be 45 days old, such as those released last week.
They will be recaptured in 18 months to two years and identified by their genetics.
“If we can show we’re making a contribution, I think the program will continue,” Levesque said. “It will take years to answer these questions because we need these fish to reach adulthood.”
BLUFFTON, S.C. — The Bluffton community is rallying around one of its own after a crash late last week left Kiernan Hughes seriously injured.Hughes, a Bluffton native known for epoxy floor coating work across the Lowcountry, was hurt in a crash Thursday while traveling home from a job in the Charleston area, according to his family.He was taken from the scene to the Medical University of South Carolina (MUSC) in Charleston, where he remains hospitalized.A brother’s search for answersHughes’ bro...
BLUFFTON, S.C. — The Bluffton community is rallying around one of its own after a crash late last week left Kiernan Hughes seriously injured.
Hughes, a Bluffton native known for epoxy floor coating work across the Lowcountry, was hurt in a crash Thursday while traveling home from a job in the Charleston area, according to his family.
He was taken from the scene to the Medical University of South Carolina (MUSC) in Charleston, where he remains hospitalized.
Hughes’ brother, Evan Ventrice, said he realized something was wrong when Kiernan didn’t appear to be moving on his route home.
After about an hour of checking the location, Ventrice said he then began driving toward the area and contacted Colleton County non-emergency dispatch, then received a call confirming Hughes was being rushed to MUSC.
Doctors have been most concerned about Hughes’ brain, Ventrice said.
Hughes suffered significant injuries across his body and, in an effort to protect his brain, Ventrice said doctors amputated Hughes’ left arm.
“If that’s the price to pay for him to recover to a full person — as far as normal function, cognitive, memories, loving, laughing, and ‘normal life’ — that’s what it’ll be,” Ventrice said.
Ventrice said Hughes has been in a coma, but doctors have indicated he may be able to wake up in the coming days.
“He’s a warrior, he’s a fighter, and he’s someone that when he puts his mind to something, he doesn’t give up regardless of anyone that says anything otherwise,” Ventrice said.
As Hughes continues to recover, friends and family have organized fundraising efforts to help with medical bills and other expenses.
“When this happened, we just knew we had to step in, knowing that regardless of any insurance that may kick in, you’ve still got bills outside of anything else,” family friend Shannon Loper said.
Organizers say donations are being collected through GoFundMe and Venmo.
A silent auction is also planned for Friday night from 5:30 p.m.- 8 p.m., with more than $20,000 worth of items expected to be available.
“This family needs us, and we want to make sure this family knows that they are covered in love,” Loper said.
Loper, who is helping organize the silent auction, said the community response has been immediate.
“I knew all it was going to take was a few phone calls, a couple of flyers, a couple of shares on Facebook, and the Bluffton/Hilton Head community was going to come together, and that’s exactly what they have done,” Loper said.
Organizers say the silent auction for Hughes will take place at the Bluffton Oyster Factory during the monthly Sunset Party, which is hosted by a local group.
Whatever is not sold during the silent auction will be posted online for people to bid on.
At the event, there will also be a cash jar for donations and raffles that people can enter.
Beaufort County residents were surprised to see a giant, glowing orb hovering in this sky this morning.A fish-shaped orb appeared to be moving through the sky above Bluffton and Hilton Head about an hour before sunrise.Some assumed it was a plane taking off from the Hilton Head Island Airport. Others questioned whether it was extraterrestrial in origin.In reality, the spectacular glow appears to have been the SpaceX Falcon 9 rocket flying overhead, carrying Starlink satellites into Earth’s orbit. Residents spotted ...
Beaufort County residents were surprised to see a giant, glowing orb hovering in this sky this morning.
A fish-shaped orb appeared to be moving through the sky above Bluffton and Hilton Head about an hour before sunrise.
Some assumed it was a plane taking off from the Hilton Head Island Airport. Others questioned whether it was extraterrestrial in origin.
In reality, the spectacular glow appears to have been the SpaceX Falcon 9 rocket flying overhead, carrying Starlink satellites into Earth’s orbit. Residents spotted the glow between 5:50 a.m. and 6 a.m., which aligns with the timeline of this morning’s SpaceX rocket launch.
The Falcon 9 rocket is the world’s first orbital class rocket capable of reflight, according to SpaceX’s website.
It has a reusable design, which drives down costs by allowing SpaceX to refly the most expensive parts of the rocket.
Orbital class rockets are powerful enough to transport people and objects into Earth’s orbit and beyond.
The first Falcon 9 launch was on June 4, 2010. Since then, Falcon 9 has completed 608 missions, 562 total landings and 528 reflights, according to SpaceX.
At 5:52 a.m., the Falcon 9 rocket was launched from Space Launch Complex 40 at Cape Canaveral Space Force Station in Florida.
The station is nearly 300 miles south of Hilton Head as the crow flies. It’s located just beside the Kennedy Space Center, east of Orlando, Florida.
The rocket consists of three key components: a first stage booster, which launches it off the ground, a second stage booster, which delivers the payload into the Earth’s orbit and the payload, which holds the cargo — in this case, 29 Starlink satellites.
Starlink is the name of a satellite network developed by SpaceX to deliver high-speed internet from space.
About two and a half minutes after launching, the first stage booster separated from the second stage and began its descent back into Earth’s atmosphere.
The bright glow Beaufort County residents saw would have been the first-stage booster burning up because of extreme heat from atmospheric drag, based on when photos were taken and SpaceX’s timeline. The booster landed around 6 a.m. on an autonomous droneship stationed in the Atlantic Ocean, according to SpaceX.
Coastal residents of Georgia and Florida also spotted the bright glow in the sky this morning. From Florida, the descending rocket created what some news reports described as a “space jellyfish.”
The Wednesday morning rocket launch is also not the first rocket to be spotted from Hilton Head recently.
Linda Smith shared photos of a rocket in the sky on Sunday at 10:01 p.m. from Port Royal Plantation. According to SpaceX, the Sunday launch also delivered 29 Starlink satellites into Earth’s orbit.
Bluffton basketball’s historic season ended one game shy of a state championship appearance.North Augusta was too much for the Bobcats late in the second half of the 57-38 win Friday in the Class 4A Lower State championship at the Florence Center.North Augusta moves on to the championship game for the second straight year and will face the Lancaster/South Pointe winner in the title game at 6 p.m. March 9 at Colonial Life Arena.The loss snaps Bluffton’s 19-game winning streak and ends the year at 24-5. The Bob...
Bluffton basketball’s historic season ended one game shy of a state championship appearance.
North Augusta was too much for the Bobcats late in the second half of the 57-38 win Friday in the Class 4A Lower State championship at the Florence Center.
North Augusta moves on to the championship game for the second straight year and will face the Lancaster/South Pointe winner in the title game at 6 p.m. March 9 at Colonial Life Arena.
The loss snaps Bluffton’s 19-game winning streak and ends the year at 24-5. The Bobcats have won 47 games over the past two seasons and were making their first Lower State championship appearance.
Bluffton coach Bradley Gabriel emerged from the Bobcats’ locker room about 20 minutes after the game ended, reflecting on what an experience this run has been.
“We were right there, especially in the third, but just kind of fell apart,” Gabriel said. “I told the guys in the locker room, it wasn’t a bad year and nothing to hold your head about. We won 24 games, went 10-0 in the region and made it to this point. It has been a special year. The kids worked really hard, bought into everything I was selling. It just didn’t work out tonight.”
Gabriel had high praise for his team, especially guard Harry Skinner. The senior led Bluffton with 20 points and has been one of the centerpieces for the past two years. Skinner left the program briefly for a few months to attend Moravian Prep (NC) but returned in the fall.
Skinner did his best to keep the Bobcats close, scoring eight straight points at one point to get them within 28-24 with 4:05 left in the third.
“When Harry got us back in the game, I felt like we had a chance,” Gabriel said. “We were down nine to Wilson (third round) in the third quarter and willed ourselves back.”
Trailing 33-24 entering the fourth, Bluffton made one final run. Ethan Foster’s three-point play got Bluffton within 39-34 with 3:36 left. Foster finished with 14 points.
But the Yellow Jackets’ zone offense and ability to get out in transition helped them close on an 18-4 run and head back to the title game.
Quh’mareon Webb led North Augusta with 21 points and Tristan Anderson added 13. Toian Nabriat had 10 points. The Yellow Jackets knocked off top-ranked Gray Collegiate on the road to make it to the semifinals.
“We started working soon after last year’s championship loss and had this circled on our calendar. We wanted to get back,” North Augusta coach Tony Harrell said. “… We didn’t finish the drill last year, and we want to finish this year.”