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Dram Shop Injury Attorney in Gaffney, SC
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.
The Dram Shop Injury Attorney in Gaffney, SC You Can Trust
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
- The Dram Shop Injury Attorney
- Top 5 Reasons to Hire a Dram Shop Injury Attorney
- South Carolina Dram Shop Law 101
- What Types of Damages Can a Dram Shop Injury Attorney
- When It's Time to Hire a Dram Shop Injury Attorney
- How to Prove Evidence of Dram Shop Negligence
- These Establishments are Liable for Dram Shop Injury Laws
Experience Matters with Dram Shop Cases in South Carolina
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.
Top 5 Reasons to Hire a Dram Shop Injury Attorney in Gaffney, SC
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:
1. Advanced Knowledge of South Carolina Dram Shop Law and Precedents
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.
3. Obtain Maximum Compensation for You and Your Family
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.
2. Meticulous Evidence Gathering
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.
4. Help Deal with Insurance Companies
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.
5. Fighting for Your Rights in Court
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 Gaffney, SC, you can rest easy knowing you'll have strong representation in both private negotiations and in the courtroom.
South Carolina Dram Shop Law 101
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.
These Establishments are Liable for Dram Shop Injury Laws
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:
- Taverns and Bars
- Liquor Stores
- Restaurants
- Hotels
- Country Clubs
- Night Clubs
- Lounges
- Gentleman's Clubs and Strip Clubs
- Caterers
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.
Proving Negligence in Dram Shop Injury Cases
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 Gaffney, 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.
How to Prove Evidence of Dram Shop Negligence
As your dram shop injury attorney in Gaffney, 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:
- How many alcoholic drinks were consumed
- The types of alcoholic drinks that were consumed
- The time frame during which the individual drank the alcohol
Visible signs of intoxication can include:
- Aggressive behavior
- Slurred Speech
- Staggering while moving
- Passing out
- Slurred Speech
- Disorientation
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:
- Did not ask for I.D. prior to serving or selling drinks
- Didn't identify the intoxicated customer when visible signs were present
- Continued to serve the intoxicated person alcohol, despite them knowing that the patron was intoxicated
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.
Do DUI Convictions Help Support Dram Shop Liability Cases?
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 Gaffney, 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.
Is There a Statute of Limitations in South Carolina Dram Shop Cases?
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.
What Types of Damages Can a Dram Shop Injury Attorney in Gaffney, SC Win?
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.
Liquor Liability Insurance
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.
Recoverable Damages
If you're the victim of a DUI accident, you can recover economic damages under dram shop liability. Those damages can include the following:
- Lost income from missed work
- Medical bills and expenses
- Physical therapy
- Reduced earning ability due to injury
- Occupational therapy
- Property or vehicle damage
- Cost of travel
- Counseling for mental health
- Other required services
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:
- Diminished quality of life
- Disfigurement
- Physical suffering and pain like broken bones or a traumatic brain injury
- Emotional distress and depression
- Inconvenience
- Loss of enjoyment of activities
Punitive Damages
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.
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When It's Time to Hire a Dram Shop Injury Attorney in Gaffney, SC Call Lauren Taylor
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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Movies, Arcade Games, Bowling, and More at The Big E: Gaffney, SC
Kidding Around Teamhttps://kiddingaroundgreenville.com/the-big-e-gaffney
Have you visited the awesome indoor entertainment complex, The Big E, in Gaffney, SC? We sent a local mom for a fun day with her family! She shares what her family loves about The Big E in Gaffney, SC and all of the activities you will find there.What You’ll Find at The Big E: Gaffney, SCOur family took a quick 45 minute road trip north on I-85 to exit 90 to visit Gaffney, South Carolina. Nestled next to the Gaffney Outlet Marketplace (A Simon Center), locally known as the “yellow mall”, The Big E in Gaffney...
Have you visited the awesome indoor entertainment complex, The Big E, in Gaffney, SC? We sent a local mom for a fun day with her family! She shares what her family loves about The Big E in Gaffney, SC and all of the activities you will find there.
What You’ll Find at The Big E: Gaffney, SC
Our family took a quick 45 minute road trip north on I-85 to exit 90 to visit Gaffney, South Carolina. Nestled next to the Gaffney Outlet Marketplace (A Simon Center), locally known as the “yellow mall”, The Big E in Gaffney, SC is an entertainment center promising fun for every age. It is a great place to spend the day and enjoy new experiences with your child, or a spot for birthday party joy.
The Big E Gaffney features eight (8) movie theatres screening wide-release new blockbuster movies. They strictly enforce rating policies for ticketing. The theater is comfortable and has a high quality sound system, digital projection, and stadium style seating. You can purchase tickets ahead of time through The Big E online theatre portal, where you will find showtimes, movie ratings, and run times for each moving showing. Ticket prices run from $8.25 – $10.25, which is slightly more affordable than some other movie theatre chains.
The Big E also has a large bowling alley with 16 lanes where they feature open bowling ($5 per person plus $3.00 per person for shoes) and cosmic bowling ($6 per person) on weekends. You can choose to rent a lane by game or by the hour. Big E has mixed and youth leagues, and they participate in the Kids Bowl Free program in the spring and summer.
The bowling area also has flat-screen TVs and an area for food and beverages. The concessions include a variety of snacks and fries, pizza, wings, and “plates” like chicken tenders and hot dogs/corn dogs.
Younger children will love the indoor playland which involves climbing up levels, over rope bridges, on swings, and down slides. They even have a Ballocity Blast Center, where hundreds of foam balls are propelled out of mini air cannons. The playland is padded, which is always a plus. Parents are welcome to hang out in the cafe area located nearby while their children play. The cost is $7 per child for an unlimited day pass. Be sure to bring socks, but they do have them for $3.00 in case you need to purchase a pair.
The playland shares space with the 60 game arcade area, which houses lots of arcade games (including old favorites like Skee Ball to high-tech games like a Star Wars simulator), and the bumper cars (my personal favorite). Don’t leave the Big E without taking a spin on these spinning, neon-round cars.
The best part about playing is the ease of it; the Big E Gaffney sells a “ Big E Fun Card” that parents can load with an amount of money. This card is used at each of the attractions and the arcade, so rather than keeping up with dollars and loose change, kids or adults just use the card. We found this so simple and a lesson for our child about making smart choices about what he wanted to try. They often run promotions for Fun Cards, which is a good way to get extra bang for your buck!
By far, our favorite part of our Big E adventure was Laser Tag. For $8 per person, you get an amazing, action-packed game lasting about 10-15 minutes. Individuals are suited up with high-tech vests that react with vibrations and sound, and laser guns (called phasers) that you reload as you play on the multi-level course with teammates. Black lights, glowing barriers, fog, and music add to the excitement; and spectators can watch the action on a screen outside the arena. At the end of the match, points are tallied and a winner is revealed. My son is still buzzing from his victory!
Outside, the complex includes an adventure mini golf course and a challenging zip line. The day we ventured out, it was too cold and windy to try these. However, the area looked fun for a future warm day when we have some funds for fun!
Host Your Birthday Party at The Big E: Gaffney, SC
Having a birthday party at The Big E would make a epic memory for you kids. You can have a Mini Golf Party, Playland Party, Movie Party, or a Bowling Party. You can even add on laser tag. Parties for up to 10 guests cost around $240. You’ll get access to one attraction, pizza, drinks, ice cream, and arcade cards. You’ll also get a party host to make everything go seamlessly.
Plan Your Trip to The Big E: Gaffney, South Carolina
1100 Factory Shops Blvd.Gaffney, SC 29341864.489.1515Hours vary by day and by attraction.
Does a family outing to The Big E Gaffney sound perfect for your crew?
Rebecca Raulerson Parrish is a former English teacher turned non-profit administrator who currently works with Women Giving for Spartanburg and Five Twenty Consulting. She serves on the board of the Spartanburg Little Theatre and is proudly balancing books as Treasurer for the Jesse Boyd Elementary PTSO. A native of Lakeland, Florida, Rebecca loves living in Spartanburg, where she enjoys lots of adventures (and four seasons) with her husband, nine-year-old son, dog, bird and three pet chickens.
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