## Dram shop and social host liability in South Dakota When someone gets hurt by a drunk driver, the bar / restaurant / liquor store that served the drunk driver — or the host who served them at a private party — may also be liable under **dram shop** and **social host** laws. ### South Dakota framework - **Dram shop liability:** No statutory dram shop - **Social host liability:** No ## What dram shop liability is **Dram shop laws** hold commercial alcohol vendors liable when they: - Serve a person who is **visibly intoxicated**, OR - Serve a **minor** (under 21 in U.S.) And that person then **causes harm** to a third party (the most common scenario: drunk driving). ## What social host liability is **Social host laws** apply the same concept to **non-commercial** servers — homeowners hosting parties, employers at company functions, and anyone else who serves alcohol without a liquor license. States vary widely: - **Strong social host states** — NJ, MA, OR, VT, RI - **Limited social host** — many states only liable when serving minors - **No social host** — KS, MD, NE, SD, VA, WY, ID, NV ## Common dram shop scenarios **1. Bar / restaurant over-serves driver.** Driver leaves, crashes, hurts third party. Third party sues the establishment. **2. Liquor store sells to minor.** Minor drinks and crashes / injures someone. Liquor store sued. **3. Bar continues serving obvious drunk.** Patron then assaults another bar patron. **4. Hotel bar serves over-intoxicated guest.** Guest falls down stairs / drowns in pool. ## What plaintiff usually has to prove - The defendant served alcohol to the wrongdoer - The wrongdoer was **visibly intoxicated** OR a **minor** at time of service - The wrongdoer caused injury to the plaintiff - The intoxication was a substantial factor in causing the injury - (In some states) **causation** between specific drink served and the harm ## Common defenses - **Wrongdoer wasn't visibly intoxicated** when served - **Plaintiff was complicit** (passenger who was drinking with driver) - **Plaintiff was wrongdoer** (own injuries from own drunkenness — generally NOT recoverable) - **Statutory defenses** under specific dram shop statutes - **Comparative fault** of plaintiff - **No causation** — wrongdoer would have caused harm regardless ## Damages Dram shop / social host damages are typically the same as personal-injury damages: - Medical expenses - Lost wages - Pain and suffering - Permanent impairment - Wrongful death (in fatal cases) - Punitive damages — when establishment showed reckless disregard ## Insurance issues **Liquor liability insurance** — most bars / restaurants carry it; coverage limits are typically $1M but can be lower **Homeowner's insurance** — may cover social host claims; some policies exclude alcohol-related liability **Umbrella policies** — fill gaps for high-net-worth hosts ## Notice requirements Many states require **written notice** to dram shop defendants within a defined period (typically 60-180 days from incident). Failure to give notice can bar the claim entirely. Some states cap dram shop damages — separate from caps on the underlying personal injury. ## Documentation that helps - **Receipts / credit-card records** showing drinks served - **Surveillance video** of the establishment - **Witness testimony** about wrongdoer's appearance / behavior - **Toxicology reports** showing BAC at time of incident - **Time-line analysis** of drinks consumed vs BAC - **Establishment's training records** (TIPS, ServSafe certifications) - **Liquor-license records** showing prior violations ## Liquor-license consequences Beyond civil liability, the establishment may face: - State Alcoholic Beverage Control (ABC) administrative action - License suspension / revocation - Fines - Criminal charges in extreme cases ## What you should do If you've been hurt by a drunk driver / patron in South Dakota: investigate where they were drinking. Get a personal-injury attorney experienced in dram shop cases — they're complex and time-sensitive (notice requirements). Establishments often have larger policy limits than individual drivers, making them attractive defendants. Most South Dakota dram shop attorneys work on contingency. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Dram shop law has technical notice / proof requirements and varies dramatically by state. Talk to a licensed South Dakota attorney about your specific case.*