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What Are Texas’s Dram Shop Laws?
Drunk driving is a severe crime in Texas, and anyone found responsible for such an accident can face severe consequences. The State has a dram shop law that extends liability to restaurant and bar owners who serve alcoholic drinks to drivers they knew posed a danger to themselves and others. If the driver causes a collision that injures you, liability may shift.
While the law allows you to file a lawsuit against these parties, your case must meet some strict standards. Lawyers in Brazoria County can guide you through the dram shop laws and evaluate your case to determine whether you have a strong claim.
Dram Shop Liability
The word dram shop comes from an ancient word that refers to a bar or tavern that sells liquor by the “dram” (a small unit of measure). Today, the law recognizes a dram shop as any business that sells alcohol. Pearland DWI attorneys explain that dram shop liability laws can apply to nightclubs, bars, restaurants, liquor stores, and other establishments that sell alcohol.
Liability legally describes the party responsible for an injury. Dram shop liability, therefore, means a business that sells alcohol may be legally liable for injuries suffered in a crash caused by someone who was overserved alcohol.
When Can a Bar Owner Be Held Liable Under the Dram Shop Laws?
A bar or establishment that serves alcohol can be held liable for an accident if the following conditions are met:
- The business served alcohol to a person who was visibly intoxicated: Visible signs of intoxication can include lack of coordination, slurred speech, bloodshot eyes, difficulty standing, and aggressive behavior. The staff is responsible for recognizing these signs and stopping serving alcohol to the patron.
- The intoxicated patron clearly posed a danger to themselves or others: The establishment must have continued serving alcohol to the individual despite knowing the person was a danger to themselves and others. The bar owner may be held liable if the person causes an accident.
- The intoxicated individual caused injury or damage after leaving the bar: Establishing the bar owner’s liability entails proving a direct link between the service of alcohol and the accident that followed, caused by the patron.
DWI lawyers in Pearland say it’s essential to note that dram shop liability also applies to businesses that serve alcohol to minors, regardless of whether they appear intoxicated. Texas laws are against serving alcohol to anyone under the age of 21, and a violation can result in criminal and civil liability.
Who Can File a Dram Shop Liability Claim in Texas?
You can be eligible to file for a dram shop liability lawsuit if you get injured in an accident caused by a drunk driver. Skilled DWI lawyers in Pearland can help you seek a settlement from the bar or restaurant that overserved the drunk driver. Anyone injured in such an accident can also pursue legal action, including passengers in the car or other vehicles, pedestrians, and cyclists.
If you lost a loved one in an accident caused by a drunk motorist, you could also file a wrongful death claim against the establishment that served the driver. Spouses, children, or parents of the victim can file the claim. The deceased’s estate administrator or executor can file a lawsuit after three months.
Does Serving Alcohol at a House Party Fall Under the Dram Shop Law?
You may wonder if you can sue someone who hosted a party where a guest caused an accident. In most cases, the law doesn’t apply to home parties, social hosts, and private individuals who provide drinks at home. It only affects businesses with a license to sell or serve alcohol.
However, there is a crucial exception: Adults who serve alcohol to minors who are not their children can be held liable if the minors cause injury or damage while intoxicated. Experienced Brazoria County lawyers can provide more insights on navigating the legal nuances for a favorable outcome.
How Can I Prove a Bar or Restaurant Served Alcohol to a Drunk Driver?
To obtain compensation in a dram shop liability case, you must present evidence to prove that the driver was visibly intoxicated, but the bar continued to serve them. Crucial pieces of evidence can include:
- Eyewitness testimony from other patrons or staff who observed the intoxicated person
- Surveillance footage showing the patron’s behavior before leaving the establishment
- Credit card transactions or receipts showing the amount of alcohol purchased.
Your lawyers can help you build a strong case to increase the likelihood of obtaining compensation from the liable party.
What Compensation Can I Obtain in a Personal Injury Claim?
Depending on how well you present your case and whether the claim is successful, you may be able to recover the following damages incurred as a result of the accident:
- Past, current, and future medical expenses
- Lost earnings and loss of ability to work
- Loss of enjoyment of life
- Pain and suffering
- Loss of consortium
- Scarring and disfigurement
- Property loss and damage
The court may award punitive damages in addition to the above, but not under the Texas dram shop liability laws. These punish the wrongdoer for negligence and deter others from committing a similar crime.
A Skilled DWI Lawyer Helping You Navigate Dram Shop Liability Laws
Dram shop liability laws can be complex. When pursuing compensation from an establishment that served a patron who caused a drunk driving accident, it’s vital to work closely with experienced DWI attorneys in Brazoria County. They can help you collect the necessary evidence and file a strong case, proving why you deserve compensation.
Skilled lawyers at The Kahn Law Firm, P.C., can evaluate your case circumstances and investigate whether you have a strong claim against an establishment that served the drunk driver who caused your accident. Call us at 713-999-6549 for a FREE consultation.
