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SC H5441

Bill

Status

Introduced

3/26/2026

Primary Sponsor

Marvin Smith

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • Creates a new civil cause of action allowing third parties who suffer bodily injury, death, or property damage to sue licensed alcohol sellers who knowingly served alcohol to visibly intoxicated individuals, if that service was a proximate cause of their harm
  • Defines "visibly intoxicated" as displaying signs of intoxication obvious to a trained alcohol server, and requires plaintiffs to prove their case by preponderance of the evidence
  • Bars recovery for adults aged 19 and older who knowingly rode with an intoxicated driver or entrusted property to someone they knew was intoxicated or had a habit of driving drunk
  • Allows minors under 19 to bring civil actions against licensees who knowingly served them alcohol that proximately caused their injury, death, or property damage
  • Provides licensees a defense if they used a forensic digital ID system approved by SLED to verify a minor's identification, and awards attorney's fees of at least $5,000 to licensees when attorneys bring unjustified lawsuits against them

Legislative Description

Dram Shop Cause of Actions

Last Action

Referred to Committee on Judiciary

3/26/2026

Committee Referrals

Judiciary3/26/2026

Full Bill Text

No bill text available