CHARLOTTE, N.C. — A South Carolina man whose wife was killed by an alleged drunk driver just hours after their wedding has filed a wrongful death lawsuit.
He's alleging the suspect was bar hopping throughout the day before the deadly wreck happened.
Many WCNC Charlotte viewers were wondering if the bars could be held legally responsible for the fatal crash.
Samantha Hutchinson was killed and her new husband Aric Hutchinson was injured when the golf cart they were riding in was hit by an alleged drunk driver last month.
The suspect's toxicology report showed she had a BAC of 0.261, which is more than three times the legal limit. A lawsuit filed on behalf of the victims says the driver, as well as the bars where she was drinking, are responsible for the deadly crash.
THE QUESTION
Can a bar or restaurant be held legally responsible for a deadly DUI crash?
THE SOURCES
THE ANSWER
Yes, a bar or restaurant can be held legally responsible for a deadly DUI crash.
WHAT WE FOUND
South Carolina Statutes state:
"No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly sell beer or wine to an intoxicated person."
Goings said for decades the South Carolina courts have upheld that a person or entity who knowingly sells alcohol in an illegal or wrongful manner can be held civilly responsible for violating the law.
"And your license can be revoked if you do sell alcohol to someone in an intoxicated manner,” Goings said.
According to Goings, when it comes to proving the case in court, that’s where it can get a little tricky.
“Oftentimes, that's proven in court by video surveillance, proven in court by bar tabs, that's proven in court by witness testimony,” Going explained. “We would show that an injured party is liable and it can establish that the restaurant knew or should have known that it was over-serving an intoxicated person based on their signs of intoxication."
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