Houston Dram Shop Liability Lawyers

Have You Been Injured by a Drunk Driver?

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. 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. 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.

Drunk Driving Accidents

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.

Bars and Clubs May Be Liable

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.

What is Dram Shop Law in Texas?

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.

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:

• When the provider sold or served alcohol, the recipient of the alcohol was intoxicated, and there was a high probability that the individual threatened themselves or others.
• The intoxication of that individual then proximately caused the damages suffered.

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.

Examples of Dram Shop Lawsuits

Some examples of situations that may lead to a dram shop lawsuit:
• Victims of car accidents that involved a drunk driver
• Victims who were hurt by a drunk. (this can include a fight that took place inside or outside the establishment, domestic abuse, etc.)
• Adults who give alcohol to a minor. (the social host liability law allows alcohol providers can be held liable for damages caused by the minor).

Signs of Intoxication

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 are continued to be served alcohol.

However, what is “visibly intoxicated”? There are common signs of intoxication.
These signs of intoxication include the following:
• Belligerence
• Loud or erratic behavior
• Slurred speech
• Inability to speak in complete sentences
• Impaired judgment
• Inability to walk or maintain a balance
• Slow reaction times

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.

What Evidence Is Needed to Determine Dram Shop Liability?

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.

How to Prove a Case Against a Bar?

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.

Let Baumgartner Law Firm Fight Your Dram Shop 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.

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 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!