The dram shop law in Texas is a legal statute that makes it possible for an individual who sells, provides, or serves alcohol to someone clearly intoxicated who poses a “clear danger to self and others” to be held liable when those individuals cause an injury or death. This law can be found in Chapter 2 of the Texas Alcoholic Beverage Code.
If an alcohol seller is shown to have supplied the alcohol that caused an accident, he or she can be held accountable for a DUI accident. In dram shop claims, it’s critical to show that their intoxication was the reason for the accident. These situations typically surface following a person who is driving while intoxicated, resulting in a vehicle accident. In Texas, the dram shop law allows persons who have been harmed as a result of intoxicated individuals to pursue compensation from the business that provided the alcohol. This financial aid may assist with medical expenses and property damage compensation.
Who Can Be Liable in a Drunk Driving Case?
Texas dram shop law holds three parties liable in most cases that involve drunk drivers: the driver, the business that served the alcohol, and the social host (the person who provided the alcohol to the driver). In some cases, it may be possible to file a claim against more than one of these parties.
Driver’s Responsibility
It is the driver’s responsibility to ensure they are not driving while intoxicated. If a driver is involved in an accident while under the influence, they may be held liable for any damages caused.
Host’s Responsibility
The social host can be held responsible if they provide alcohol to a person who is already visibly intoxicated. It is important to note that the social host is not liable if they only provided alcohol to a person who was of legal drinking age.
Businesses That Serve Alcohol
It is the responsibility of any business that sells, provides, or serves alcohol to be aware of their customers’ intoxication levels. If a business provides alcohol to an individual who is already visibly intoxicated, they can be held liable for any damages caused. Any bar that sells or serves alcoholic beverages with an alcohol license or permit can be held responsible. Bars, restaurants, nightclubs, liquor stores, gas stations, and individuals are all examples of businesses that may be held liable.
How to Prove Negligence in a Dram Shop Case
In order to prove negligence in a dram shop case, you must show the following:
- That the business in question had knowledge of the customer’s intoxication. This can be done by providing evidence that the bartender or server was aware of the customer’s level of intoxication and continued to serve them alcohol anyway.
- The customers’ intoxication was the direct cause of the accident. This can be done by providing evidence that the driver was not intoxicated when they first arrived at the establishment, and that they became visibly drunk after consuming alcohol from the business.
- The intoxication was the direct cause of injuries to you or a loved one.
What We Investigate for Dram Shop Clients
When investigating a dram shop case, we investigate the following:
- Bar surveillance records and records kept from the day of the incident
- Bar receipts
- Police and incident reports
- Witness testimony
- Previous dram shop lawsuits filed against the bar
- Training records for all employees and bar tenders working on day of incident
By gathering this evidence, we are able to build a comprehensive case on behalf of our clients. If you have been injured in an accident that was caused by a drunk driver, please contact us today for a free consultation. We will work to get you the compensation you deserve.
