Whitlaw v. the Kroger Co.

Pursuant to Supreme Court Rule 46, we agreed to answer the question whether a private cause of action for damages may be instituted under S.C. Code Ann. §§ 61-9-40 1 and 61-9-410(l) 2 (1990) where a minor consumes alcohol purchased by another minor and suffers injuries as a result. We hold that these sections give rise to civil liability only where the violation is used to establish negligence per se, and where the violation is the proximate cause of the minor’s injury.

FACTS

Plaintiff alleges that on November 21,1987, the Defendant, the Kroger Co., sold beer to an underage youth who was…