What are the common defenses against liquor liability claims?

In South Carolina, businesses that sell alcoholic beverages may be held liable in certain circumstances for the harm caused by patrons consuming the liquor. Although the law does not provide absolute immunity, there are specific defenses that may be used to avoid liability. Common defenses against liquor liability claims include lack of knowledge of the patron’s age, proper training of employees to detect signs of intoxication, and proper warnings to patrons about the consumption of alcohol. Additionally, businesses may defend against such claims by demonstrating that they exercised reasonable care to prevent harm, such as having policies in place to limit the number of drinks served to one patron. In South Carolina, the defendant can also prove that the plaintiff “assumed the risk” of the incident, willingly or not. This means that the plaintiff should have been aware of the danger associated with consuming alcohol and were willing to accept the risk. Finally, some states have specific statutes that limit the liability of businesses that serve liquor. South Carolina provides businesses with a defense if they can prove that the sale of alcohol was made in compliance with certain state laws, including laws that require alcohol to be sold and served to patrons of legal drinking age. In general, the best defense against liquor liability claims is to take steps to ensure that alcohol is not being served to minors or over served to patrons who are of legal drinking age. Businesses should ensure that their staff is properly trained to recognize signs of intoxication and should adhere to posted rules and regulations to limit the amount of alcohol served to any one patron.

What are the common defenses against liquor liability claims?

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