What is the legal definition of “over-serving”?

In South Carolina, over-serving is defined by law as the illegal serving or selling of alcoholic beverages to an individual who has already consumed an amount of alcohol that has caused or contributed to the individual being in an intoxicated or impaired state of mind. It is illegal to serve or sell an alcoholic beverage to any person who is obviously intoxicated or impaired, or when it is reasonably foreseeable that the person would become obviously intoxicated or impaired by consuming the beverage. Over-serving can also include providing an individual with an unlimited or unrestricted amount of alcohol without considering that person’s actual capacity to safely consume alcohol. This means that a server should be aware of and take into consideration an individual’s size, age, gender, and level of sobriety before serving them any alcoholic beverages. In South Carolina, if an establishment serves an individual beyond what is reasonably safe and the individual causes harm or injury to another person as a result, the establishment can be found liable for damages in a liquor liability lawsuit.

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What is the legal definition of “over-serving”?

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