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South Carolina made major changes to dram shop laws in 2026. Our experienced Columbia DUI defense lawyers at Shealey Law Firm explain the changes and what you need to know.
What Are Dram Shop Laws and Who Do They Affect?
Dram shop laws make bars and restaurants civilly responsible for knowingly serving alcohol to an intoxicated person.
The new laws apply to dram shop claims that arise after January 1, 2026.
What Changed in the 2026 Update to SC Dram Shop Laws?
Changes to the dram shop laws in South Carolina cover the following topics:
- Comparative fault: Applies comparative fault , except in the case of extreme misconduct.
- Liability for joint verdict: Establishes 50% liability when there is joint liability, regardless of comparative fault.
- Liquor: Changes the standard from a strict liability to a knowingly standard.
- Insurance and risk mitigation: Requires $1 million in coverage with risk-mitigation measures.
- Server training: Specifies server training requirements.
- College sporting venues: Establishes special rules for college sports.
- State insurance reporting: Requires insurance market reporting at the state level.
- Captive insurance: Defines rules governing self-insurance arrangements.
Comparative fault
Joint and several liability does not apply to any defendant who has less than 50% of total fault. This includes the fault, if any, of the plaintiff. If the defendant is less than 50% at fault, that individual is only liable for their percentage of damages.
Exceptions:
A defendant who acts willfully, wantonly, recklessly, or intentionally is jointly and severally liable for all damages.
If an establishment and a drunk driver are both found liable, the establishment is liable for 50% of the victim’s actual damages.
Verdict forms:
Any person charged with drunk driving under South Carolina law must appear on the jury verdict form. The defendant must motion for inclusion within 180 days of the start of the case. A plaintiff may also amend the pleading to add the party defendant.
A tortfeasor who settles will also be added to the verdict form.
61-2-147
Liquor
The law changes the liability standard for liquor from strict liability to knowingly, making the legal standard for liquor the same as for beer and wine.
61-6-2220
Insurance and risk mitigation
Establishments that sell liquor after 5:00 p.m. must have at least $1 million in liability insurance. An insurance policy must provide coverage for at least 50% of the total limit, per occurrence.
An establishment may lower the amount required by meeting certain conditions.
| Condition | Reduction |
| Stop serving by 12:00 a.m. | -$250,000 |
| Servers complete training within 60 days of employment | -$100,000 |
| Alcohol less than 40% of total sales | -$100,000 |
| Forensic ID verification for entry between 12:00 a.m. and 4:00 a.m. | -$100,000 |
| Non-profit 501(c)(3) or single event with special license | -$500,000 |
Regardless of taking these measures, an establishment must maintain at least $300,000 in liability coverage in all circumstances.
61-2-145
Server training
The South Carolina dram shop law imposes training requirements for servers and managers. Topics include:
- State liquor laws
- How alcohol impairs driving
- Blood alcohol concentration
- Effects of prescription, nonprescription, and illegal drugs
- Signs of intoxication
- Refusing problem drinkers
- Underage patrons
- ID checks
- Drunk driving accident, injury, and death statistics
Training must be completed within 30 calendar days of hire, with insurance mitigation allowed if employees complete training within 60 days of employment.
The law requires the training and test to be available in both English and Spanish. Certificates are valid for three years; if an employee changes jobs, the certificate is transferable.
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Special rules for college sports
The new law creates special rules for college sporting events.
- All sales staff must complete training
- Internal compliance checks are required
- Digital ID verification is required
- Selling beer and wine in the student section is prohibited
- Selling to anyone with a vertical ID isn’t allowed (indicates under 21)
61-4-523
State insurance reporting
The new South Carolina dram shop laws require annual reports on the insurance market to monitor the affordability of mandatory commercial casualty coverage.
38-73-550
Captive insurance
The law creates rules for how captive insurance (i.e., self-insurance) works when used to fulfill legal requirements.
38-90-20(A)
How the New Law Impacts Bars, Restaurants, and Alcohol Servers
The new law includes several measures designed to reduce harm. It establishes training requirements and provides incentives for establishments to mitigate risk. In South Carolina, the new dram shop laws limit liability for establishments by implementing a cap on liability in cases of joint liability. Additionally, they eliminate joint and several liability when tortfeasor liability is less than 50%.
What This Means for Victims of Drunk Driving Accidents
With the removal of strict liability, insurance mitigation, and 50% establishment liability limitations, knowing how to proceed is essential. Victims of drunk driving accidents may seek representation from a South Carolina dram shop lawyer.
Can You Still Sue a Bar or Restaurant Under the 2026 Law?
Yes. Under the new 2026 SC dram shop law, victims may still pursue compensation from bars and restaurants for knowingly serving alcohol to an intoxicated patron.
Why You Should Speak with a Columbia DUI Lawyer After an Alcohol-Related Injury
Obtaining the compensation you need for an alcohol-related injury can help you receive the justice you deserve. An experienced Columbia DUI lawyer from Shealey Law Firm can represent you in your claim.
Our lawyers know the major changes to dram shop laws in South Carolina in 2026. We’re taking new cases, so call or message us now.