SC DUI & Liquor Liability Reform

Overview

South Carolina House Bill 3430, titled "Tort Reform and Liquor Liability," represents a comprehensive overhaul of the state's laws concerning alcohol sales, DUI-related liabilities, and the responsibilities of alcohol vendors. This bill, prefiled and sponsored by a large bipartisan group of representatives, seeks to address issues of joint liability in DUI cases, enhance safety through mandatory server training, and introduce new regulations for alcohol sales at collegiate sporting events.

Key Provisions

Joint and Several Liability: Modifies the existing laws on joint and several liability, specifically removing the exception for cases involving alcohol use, sale, or possession.
Inclusion of Tortfeasors: Establishes procedures for including additional tortfeasors (individuals or entities responsible for the harm) in a cause of action and assigning fault to them, even if they are not defendants in the original lawsuit. Certain criteria determine whether non-defendant tortfeasors are added to the verdict form.
Prohibition of Sales to Intoxicated Persons: Explicitly prohibits selling alcohol to a person known to be intoxicated.
Alcohol Server Training: Mandates alcohol server training, creating a new chapter in Title 61 dedicated to this requirement. The Department of Revenue is authorized to create regulations for this training.
Collegiate Sporting Events: Establishes procedures for selling beer and wine at collegiate sporting events under specific conditions.
Liquor Liability Insurance: Requires the Director of the Department of Insurance to report on liquor liability coverage in the state. Licensing requirements are expanded to include liquor liability insurance, and provisions are made for liquor liability risk mitigation.
DUI Offender on Verdict Form: Requires that tortfeasors charged with certain DUI offenses appear on the jury verdict form if requested by the defendant. In cases where both a licensee (e.g., bar or restaurant) and a DUI offender are found liable, the licensee is jointly and severally liable for 50% of the plaintiff's actual damages.

Impact on Drivers

Drivers in South Carolina will be affected by these changes, particularly concerning liability in DUI-related incidents. The ability to include the DUI offender on the jury verdict form allows for a more accurate apportionment of fault, potentially reducing the liability of other parties, such as establishments that served the alcohol. However, the increased enforcement of laws against serving intoxicated individuals could lead to stricter scrutiny and potential legal consequences for both drivers and alcohol vendors.

Current Law vs Proposed Changes

Current: Current law may not always allow for direct apportionment of fault to a DUI offender in civil cases against establishments that served them alcohol, sometimes leading to disproportionate liability for the establishment.
Proposed: The proposed changes specifically allow for the DUI offender to be included on the verdict form and for their percentage of fault to be determined. If the vendor is also liable the vendor is only liable for 50% of the total damages.

What This Means For You

For South Carolina drivers, it's crucial to understand the implications of these proposed changes. If you are involved in a DUI-related incident, either as the offender or the injured party, seek legal counsel to understand your rights and obligations under the new law. Establishments serving alcohol should also prepare for mandatory server training and stricter enforcement of laws regarding serving intoxicated individuals. Always drink responsibly and avoid driving under the influence to prevent legal and financial repercussions.

Source: Official SC legislative records. Consult a licensed attorney for legal advice.