What kinds of evidence can be used to prove negligence in a liquor liability case?

In a liquor liability case in South Carolina, evidence of negligence must be proven in order to hold an establishment or vendor liable for injuries caused by an intoxicated person. Negligence is a lack of reasonable care that results in harm to someone else, and the elements needed to prove negligence include duty, breach, causation, and damages. In a liquor liability case, evidence of the establishment or vendor’s duty of care may include the hours of operation, the rules of the establishment, and policies regarding sale and service of alcohol. Evidence of breach of the duty of care may come from witness testimony or video surveillance of the premises showing that the establishment or vendor served alcohol to a visibly intoxicated person, or allowed an underage person to purchase or consume alcohol on the premises. The defendant must also have had a direct causal connection to the plaintiff’s injuries. Evidence of causation may include witness testimony, medical assessments, or evidence from the scene of the injury. Lastly, evidence of damages must be presented, usually in the form of medical bills, lost wages, or other proof of harm or suffering experienced by the plaintiff. In summary, evidence used to prove negligence in a liquor liability case in South Carolina may include policies and procedures of the establishment, witness testimony, video surveillance, medical assessments, and evidence of damages suffered by the plaintiff. Having a successful case requires proof for each of the elements of negligence, establishing the duty of care, breach of duty, the causal connection, and the harm caused.

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