Lawsuits Against Bars That Over-Serve Customers
Written by Greg on January 17, 2013
In Texas because of action against a provider of alcohol for serving more alcohol to someone who was obviously intoxicated at the time is known as a “dram shop case”.
Over the years, the legislation has been through numerous amendments and today the statute is known as the Texas Dram Shop Act, found in Section 2.02 of the Texas Alcoholic Beverage Code and it permits victims to bring lawsuits directly against alcohol providers under specific conditions.
A bar or club or other liquor license holders may be sued for damages if it over served a patron who was obviously intoxicated at the time. The burden of proof is on the plaintiff to prove that the customer was obviously intoxicated and presented a danger to him or others that time he was served additional alcohol. Additionally, for those injured by a drunk driver the victim must prove that the intoxication was a cause of the injuries and damages.
Bars and clubs have specific defenses under the Texas Dram Shop Act, which is designed to encourage responsible actions and policies from the liquor license holder. The law in Texas has been defined in a subsequent case law making clear the claims and defenses available in Texas.
If you or a loved one have been injured by a drunk driver who was drinking at a bar or club you may consider talking to a DWI accident attorney or a dram shop attorney about your rights and options under the Texas Dram Shop Act.
Greg Baumgartner is a Houston injury lawyer and also the founder of the Baumgartner Law Firm which is located at 6711 Cypress Creek Pkwy, Houston, Tx 77069, 281-587-1111.
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