The drunk driver who crashed into you had been drinking at a friend's backyard barbecue. Now, you've got mounting medical bills and the driver's insurance falls short. Does the party host who served that driver alcohol share any responsibility for what happened?
South Carolina's social host liability laws are more limited than many people realize, but that doesn't mean you're out of options. Our Anderson drunk driving victim attorneys can evaluate every potential source of compensation in your case and build the strongest possible recovery strategy.
How Social Host Liability Works in South Carolina
Social host liability refers to the legal responsibility a private individual faces when they serve alcohol to someone who then causes injury. Unlike commercial establishments, South Carolina law imposes liability on private hosts only in very specific circumstances. These rules come primarily from court decisions, not a single, clear statute.
No Single "Social Host Liability Act"
The rules around social host liability in South Carolina come from Supreme Court decisions like Marcum v. Bowden and Barnes v. Cohen Dry Wall, plus alcohol-control statutes that make serving minors illegal. There's no single law that spells out when you can or can't sue a party host. This area of law remains fact-specific and continues to evolve through new court rulings.
Adult Hosts Generally Face No Liability
Under South Carolina case law, courts generally do not recognize a civil claim against a social host who serves alcohol to an adult guest, even if that guest later causes a car crash while intoxicated. This means that even when a host continues serving someone who is visibly drunk, fails to take their keys, or watches them drive away impaired, the host typically cannot be held legally responsible for injuries that person causes.
The courts have reasoned that adults who choose to drink bear personal responsibility for their subsequent actions. This rule protects social hosts from liability in the vast majority of drunk driving cases.
When Minors Are Involved
South Carolina courts have recognized one major exception. Adult social hosts who knowingly and intentionally provide alcohol to someone under 21 can be held liable if that underage drinker later causes or suffers injuries.
Violating the criminal laws against serving minors can expose a host to fines, misdemeanors, and other criminal penalties, but those are separate from civil liability. A civil claim seeks compensation for the victim's injuries, not punishment for breaking the law. This social host liability protects two categories of victims:
- First-party claims. The under-21 guest who was served alcohol and later injured can sue the host (or their estate can sue if the minor was killed).
- Third-party claims. Innocent victims hurt by an intoxicated underage driver can sue the adult who provided that minor with alcohol.
The standard for proving social host liability in minor cases requires demonstrating knowledge that the drinker was underage, knowingly providing or permitting alcohol consumption, and causation between the intoxication and the injury.
What to Do When Social Host Liability Doesn't Apply
Most drunk driving crashes involve adult drivers drinking at places where South Carolina law provides no recourse against the host. That doesn't mean you're stuck with inadequate compensation. Rather, it means pursuing every other available avenue for recovery.
Focus on the Drunk Driver's Full Liability
When you can't pursue the host, maximizing recovery from the drunk driver becomes critical. Many drunk drivers have umbrella insurance policies with limits of $1 million or more that their auto insurer won't mention. Some own real property, business interests, or other valuable assets that can be reached through a judgment.
In egregious drunk driving cases, South Carolina law allows punitive damages on top of your other compensation. While punitive damages are usually capped by statute, the cap may be lifted entirely in cases where the defendant was driving under the influence.
Explore Dram Shop Claims
If the drunk driver was drinking at a bar or restaurant before the crash, you might have a claim against that establishment. South Carolina doesn't have a single "Dram Shop Act," but bars and restaurants can be liable under dram shop-type claims when they violate statutes that ban selling or giving alcohol to minors or to visibly intoxicated patrons. Those claims are based on negligence per se and South Carolina case law.
Time Limits for Filing Your Injury Claim
South Carolina law gives you a limited window to file a personal injury or wrongful death lawsuit. For most cases arising from drunk driving crashes, you have three years from the date of the accident to file suit against the drunk driver, a social host, or a commercial establishment.
Missing this deadline typically means losing your right to recover compensation, no matter how strong your case. Some exceptions exist, like if the victim is a minor, but they're narrow and fact-specific. Getting legal help quickly protects your rights and preserves critical evidence before witnesses' memories fade and documents disappear.