Houston Dram Shop Liability Lawyers

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.

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).

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.

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 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 who have over-served a customer who later had an accident 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 the track record of obtaining maximum compensation for our clients.

It is often very important that a dram shop attorney the hired as soon as possible after the drunk driving auto accident so that a full investigation can be instigated as soon as possible. There are certain safe harbor defenses available to the bar or club and it is important that the attorney for the family started an investigation as soon as practicable after the accident. As the condition of the over-served patron can be a big issue in the lawsuit, the earlier the investigation begins more likely a successful conclusion. Thus, eyewitnesses can be extremely important in a typical dram shop case.

Call us for a no-obligation consultation and learn your rights and options. (281) 587-1111.