The bill H. 5441 aims to amend the South Carolina Code of Laws by adding Section 15-3-710, which establishes a civil cause of action against licensees who serve alcohol to visibly intoxicated individuals under specific circumstances. The bill defines key terms such as "alcohol," "licensee," "visibly intoxicated," and "trained alcohol server." It stipulates that a licensee is generally not liable for civil actions arising from the sale or service of alcohol, except when it can be proven that they knowingly served alcohol to a visibly intoxicated person, leading to bodily injury, death, or property damage. Additionally, the bill outlines exceptions to liability based on the circumstances of the injured party, particularly regarding their knowledge of the intoxication of the individual involved.

Furthermore, the bill includes provisions that protect licensees who utilize a forensic digital identification system to verify the age of patrons, ensuring they are not held liable for serving alcohol to individuals under the age of nineteen if proper identification was confirmed. It also establishes that if an attorney initiates a civil action against a licensee without reasonable justification, the court may award the licensee attorney's fees. Importantly, the bill declares that these provisions are the exclusive means for bringing a dram shop cause of action, thereby limiting other potential legal avenues in such cases.

Statutes affected:
03/26/2026: 15-3-710
Latest Version: 15-3-710