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(281) 587-1111 (281) 587-1111 What is a Dram Shop lawyer? A dram shop lawyer is a personal injury attorney who has experience in suing bars and clubs that overserved a customer whose intoxication led to another getting hurt or killed. If you’re looking for a Houston Dram Shop Lawyer, our law firm has been winning huge dram shop settlements for over three decades. If a family member has been killed or severely injured by a drunk driver, call our team for a no-cost consultation- at (281) 587-1111.
The Houston dram shop lawyers at the Baumgartner Law Firm have three decades of experience in handling high-profile serious injury and wrongful death dram shop cases. We have won huge verdicts or settlements in high-profile liquor liability cases in Dallas, Austin, Houston, and elsewhere across the state of Texas.
Call a leading car accident lawyer with a record of holding drunk drivers and bars accountable for maximum compensation for our clients.
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Have you been hit by a drunk driver? Sustained injuries and had to have medical treatment? Perhaps admitted to the hospital and wondering who is going to pay all of these bills? This is a common occurrence in the state of Texas.
Unfortunately, many times the driver who was drunk at the time of the automobile accident has a minimum policy that does not come close to covering the victim’s damages. Having the drunk driver go to jail does nothing for the injury victim. Fortunately, if the drunk driver was over-served at the bar there is a possibility that the bar may have liquor liability insurance. Cases against bars for clubs over-serving their patrons are not easy cases in Texas.
Nevertheless, the personal injury lawyers at the Baumgartner Law Firm, have been extremely successful in obtaining huge compensation for our clients over the years. Including punitive damages from a drunk driver. An initial investigation after a severe injury DWI accident is always needed to determine if a lawsuit or case against the bar or club can be pursued.
The vast majority of the dram shop cases stem from a drunk driving accident. In Texas, liquor liability cases are governed by the Texas Dram Shop Act, Section 2 of the Texas Alcoholic Beverage Code, as amended, which Act allows families who have lost a loved one and personal injury victims to bring lawsuits against commercial alcohol providers who may be responsible for a drunk driving accident. Hiring an experienced dram shop lawyer as soon as possible after an accident is a good first step toward justice.
Cases like a wrongful death lawsuit in Houston can take a long time to be resolved. the sooner you call our award-winning law firm the better!
Generally, the burden of proof falls upon the plaintiff to prove that at the time the alcohol was provided to the drunk driver, the individual was obviously intoxicated such that he or she was a danger to themselves or others. Additionally, the plaintiff must prove that the over-serving of alcohol was a cause of the damages complained of by the plaintiff.
An early investigation by an experienced dram shop lawyer who knows the liquor liability laws in Texas is essential to protect the victim’s rights.
Alcohol is a factor in many disastrous car accidents every year in Texas. People should never get behind the wheel of a vehicle after drinking. One should know when he or she has too much to drink. And to call Uber or Lyft or designate a driver who has not been drinking.
It is not safe to drive after drinking. Those who drink and drive put everyone at risk.
Bars should make sure no one is unfit to drive leaves and drives home. Dram shop liability is part of any alcohol-serving business.
A dram shop is a business that sells or serves alcoholic beverages.
Bars serving alcohol to drunk people can be liable if that person later causes an accident.
Alcohol servers must cut off any person who is intoxicated. And not continue to serve them.
The Texas Dram Shop Act, an act that became a state law when it was enacted in 1987. The Texas Supreme Court interpreted the statute in an opinion that directly affects lawsuits brought against sellers of alcohol who have served obviously intoxicated individuals who have then suffered injuries or caused drunk driving accidents.
The Dram Shop Act is the exclusive remedy in filing a lawsuit against a bar in Texas for serving a drunk.
Under the statute, a provider can be liable for damages in a civil suit based on the following proof:
Besides civil liability that may result from over-serving an individual and causing an indirect accident, the research also notes that the Texas Alcoholic Beverage Commission (TABC) has the authority to revoke the alcohol permit of an alcoholic beverage provider that violates the provisions.
Continuing to serve an intoxicated person is the reason for the Texas dram shop law. Texas Dram Shop laws apply to more than Driving While Intoxicated (DWI) accidents and fatalities.
Those licensed alcohol sellers can be held liable for other things. Like sexual crimes, property damage, and other crimes. If the vendor continued to serve alcohol to someone who was clearly intoxicated. To the point of becoming a threat to others.
Dram shop liability refers to the legal responsibility of an establishment that serves alcohol to an individual who later causes harm to themselves or others. This concept is rooted in the idea that establishments that serve alcohol must do so responsibly and to prevent their patrons from becoming intoxicated to the point where they pose a risk to themselves or others. In Texas, dram shop liability is governed by the Texas Dram Shop Act, which holds establishments liable for serving alcohol to obviously intoxicated individuals or minors. This act underscores the importance of responsible alcohol service and aims to reduce the risks associated with over-serving patrons.
Some examples of situations that may lead to a dram shop lawsuit:
Dram shop laws in Texas can be difficult for many to understand. Sellers of alcohol can be liable when folks are clearly under the influence and continue to be served alcohol.
However, what is “visibly intoxicated”? There are common signs of intoxication.
These signs of intoxication include the following:
If someone in a bar that serves alcohol is displaying these behaviors, that person should no longer be served. Because he or she can be a danger to themselves and others.
The intoxicated person could easily injure themselves or others. When someone is obviously drunk, the bar should call a car service if they are too intoxicated to make the call.
Intoxication is a critical factor in dram shop liability cases. Establishments that serve alcohol must be able to recognize the signs of intoxication in their patrons and take steps to prevent them from becoming further intoxicated. Signs of intoxication can include slurred speech, stumbling or difficulty walking, difficulty with coordination or balance, red or glassy eyes, loud or boisterous behavior, and difficulty with memory or concentration. Establishments that fail to recognize these signs and continue to serve alcohol to an intoxicated individual may be held liable for any harm that individual causes. Recognizing and acting upon these signs is essential to prevent accidents and injuries.
In a dram shop case, the establishment that served the alcohol can be held liable for any harm caused by the intoxicated individual. This can include bars, restaurants, liquor stores, and other establishments that serve alcohol. In addition, social hosts who serve alcohol to minors or obviously intoxicated individuals may also be held liable. In Texas, the liability of the establishment is not guaranteed, and the establishment may be able to dispute liability under the safe harbor provision of the Texas Alcoholic Beverage Code. This provision offers a potential defense if the establishment can prove compliance with specific training and operational standards.
Proving obvious intoxication can be a huge challenge without the right accident and injury lawyer. At Baumgartner Law Firm, our goal is to help our clients achieve the level of justice they are seeking. We conduct investigations looking for evidence the defendant was intoxicated. And that the club continued to serve the person.
The evidence we seek includes receipts from the bar, debit/credit card receipts, and blood toxicology. Also eyewitness testimony from those who saw the visibly intoxicated individual. Security or video footage and testimony from a toxicologist.
The testimony of persons that witnessed the intoxicated behavior can be beneficial in cases against bars. And circumstantial evidence may also be considered. Proof such as one’s blood alcohol measured at some point later, slurred speech, staggered walking, and other visual clues would have alerted one to the fact that the individual was intoxicated well before being served more drinks.
No matter why the Texas Dram Shop Act was created, it is vital in showcasing that accountability not only lies with the individual drinking but can also be with bars that over-serve someone who obviously was drunk.
Establishments sued in a dram shop case may raise several defenses to avoid liability. One common defense is the safe harbor provision, which provides that an employer cannot be held liable for the actions of its employee if the employee has attended an approved seller training program. The employer has not encouraged the employee to serve alcohol to obviously intoxicated individuals. Another defense is the assumption of risk, which argues that the plaintiff assumed the risk of injury by choosing to drink and drive or by engaging in other risky behavior. Establishments may also argue that the plaintiff’s injuries were caused by a new and independent cause rather than the establishment’s actions. These defenses can be complex and require thorough legal analysis.
Dram shop cases often involve serious and catastrophic injuries, particularly in cases where the intoxicated individual is involved in a drunk driving accident. Common injuries in Dram Shop cases include head trauma, spinal cord injuries, broken bones, internal injuries, and organ damage. In addition to physical injuries, dram shop cases may also involve emotional trauma, financial losses, and other damages. If you or a loved one has been injured in a dram shop case, it is essential to seek the advice of an experienced dram shop attorney who can help you navigate the complex process of seeking compensation for your injuries. The right legal support can make a significant difference in the outcome of your case.
Dram Shop laws have been designed to keep alcohol-serving commercial establishments from negligent serving practices. If a bar or club does violate the law, victims can sue for compensation. Cases involving dram shop liability are challenging and complex.
Our dram shop lawyers have won many huge settlements from bars in Texas. And we have never lost a dram shop case. Our law firm has successfully handled numerous cases involving drunk driving accidents, securing significant settlements for our clients.
If you or a loved one was hurt in a car accident caused by a drunk driver, call us. The drunk driver can be sued and the bar may also if they violated the law.
Dram shop liability is one of the more complex areas of law. Talk with an experienced dram shop lawyer who has won dram shop cases and punitive damage cases for decades.
If you were injured by a drunk driver or lost a loved one in an accident caused by an intoxicated individual, Call our award-winning attorneys at Baumgartner Law Firm.
We are here to help you to get maximum compensation. Text us or Call (281) 587-1111 for a free consultation!
Our drunk driving accident lawyer has handled cases against bars and clubs that have over-served a customer who later had an accident, including drunk driving accidents, injuring or killing others for over 35 years. When you or a loved one has been injured in a drunk driving accident involving serious injuries or the wrongful death loss of a family member, often the drunk driver does not have adequate liability insurance to cover the damages.
The ability to bring a bar or a club to court to answer for their responsibility in over-serving the patron is sometimes the only civil justice available in many serious injuries or wrongful death accidents. We have a track record of obtaining maximum compensation for our clients.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
To get the compensation you deserve, an investigation should be started as soon as possible. Contact Houston attorney Greg Baumgartner, who has been peer-reviewed and preeminent-rated for decades. Contact us online or call (281) 587-1111.
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