Dram Shop Liability Laws in Texas

Dram shop liability laws in Texas are designed to hold alcohol-serving establishments accountable for the actions of their patrons. Under these laws, bars, restaurants, and other venues that serve alcohol may be held legally responsible if they over-serve a patron who subsequently causes harm to themselves or others, often in the form of a drunk driving accident.

These laws aim to encourage responsible serving practices and reduce alcohol-related harm by making establishments aware of the potential consequences of serving alcohol to visibly intoxicated individuals — but they are primarily in place to help those who have suffered injury at the hands of drunk drivers seeking compensation.

In this article, the Fort Worth personal injury and catastrophic injury lawyers from Sellers Law Firm will explain the basics of Texas dram shop laws and how they can impact both alcohol-serving establishments and individuals.

What is the dram shop liability in Texas?

The term “dram shop” comes from an Old English unit of measurement for spirits, but today it encompasses all businesses that serve alcoholic beverages, including bars, restaurants, hotels, and event venues.

In Texas, dram shop laws are governed by the Texas Alcoholic Beverage Code. According to this code, a business can be held liable for injuries caused by an intoxicated person if that person:

Was served drinks when they were visibly intoxicated and a potential hazard to themselves or others; and
Their intoxicated state directly caused damages.

This includes serving someone who appears drunk or has already consumed a significant amount of alcohol.

If an establishment violates these laws and the patron subsequently causes harm (this includes injuries, property damage, or even death resulting from accidents caused by the individual’s intoxication) they may be held liable for any resulting damages. Additionally, under Texas law, anyone injured by an intoxicated person can also file a lawsuit against the establishment that served the alcohol.

Continue reading: Alcohol-related crashes on the rise in the hub city and Could vials used by Fort Worth police alter blood alcohol results?

Who is typically liable under a dram shop law?

Liability is not limited to just the person serving the alcohol; the entire establishment can be implicated in a lawsuit. Under the Dram Shop Act in Texas, liability typically extends to the establishment and its employees including bartenders, servers, and managers.

As such, these establishments have a “duty of care” to abide by stringent policies to monitor alcohol consumption and ensure that staff is trained to recognize signs of intoxication. Failure to abide by these laws can result in severe penalties, including hefty fines and potential revocation of the establishment’s liquor license. They are also advised to carry dram shop liability insurance.

If you or a loved one has been injured, whether you were hit by a drunk driver or otherwise, as a result of an establishment serving alcohol to an intoxicated person, it is crucial to seek legal counsel immediately. An experienced attorney can help you navigate the complex laws surrounding dram shop liability and work towards obtaining fair compensation for your damages.

What damages can be claimed under the dram shop laws?

Claims under Texas dram shop laws can encompass a broad range of damages, depending on the specifics of the case. Typically, victims may seek compensation for medical expenses incurred due to the injury, including:

Costs for ongoing treatments and rehabilitation
Lost wages and loss of earning capacity
Pain and suffering
Wrongful death damages (including funeral costs, burial expenses, loss of companionship, and emotional distress)

In some cases, the establishment may also be held liable for punitive damages, which are meant to punish the establishment for their negligence and prevent similar incidents from occurring in the future. These damages can significantly increase the total compensation awarded to a victim.

How to prove liability under the Dram Shop Act in Texas

To prove liability under the Dram Shop Act in Texas, several elements must be established.

Proof of sale: It must be shown that the establishment sold alcohol to the intoxicated person who subsequently caused the injury. This can include bar receipts, witness testimony, and surveillance footage.
Obvious intoxication: The plaintiff must demonstrate that the person was clearly intoxicated at the time of the sale. This might involve eyewitness accounts or expert testimony to verify signs of visible drunkenness such as slurred speech, unsteady movement, or aggressive behavior.
Causation: It must be established that the intoxicated person’s actions directly caused the injury. This requires showing that the injuries were a foreseeable consequence of the intoxication and that the individual was, in fact, intoxicated. This can be done with DWI blood testing, field sobriety tests at the time of the incident, or many other ways.
Damages: The plaintiff must prove that they suffered actual damages due to the injury. This includes providing evidence of medical expenses, lost wages, and any non-economic damages such as pain and suffering or emotional distress.

Successfully proving these elements can be challenging, making it essential that you seek the expertise of a knowledgeable personal injury attorney who understands the nuances of Texas dram shop laws.

Were you or a loved one hit by a drunk driver? Call Sellers Law Firm today!

If you or a loved one has been injured due to an establishment over-serving, it is crucial to seek legal guidance immediately. Texas dram shop liability laws can be complex, and navigating them without the proper representation can significantly impact the outcome of your case.

At Sellers Law Firm, our experienced attorneys have a comprehensive understanding of Texas Dram Shop laws and are dedicated to fighting for the rights of those who have been harmed by over-serving establishments.

Schedule a free online consultation to discuss your case and begin the process of finding justice.

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