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Houston Dram Shop Liability Lawyer
40 Years of Experience- Hundreds of Millions Won No Fees Unless We Win
Top-Rated Houston Attorneys Suing Bars and Clubs
What is a Dram Shop lawyer? A dram shop lawyer is a personal injury attorney who has experience in suing bars and clubs that over-served a customer whose intoxication led to another person getting hurt or killed. If you’re looking for a Houston, we have won huge dram shop settlements for over three decades, specializing in injury law. If a family member has been killed or severely injured by a drunk driver, call our team of trial lawyers 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 secured substantial verdicts and settlements in high-profile liquor liability cases in Dallas, Austin, Houston, and throughout 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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ABOUT GREG BAUMGARTNER
A Passion For Justice. The Experience For Win.
Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 40 years helping accident victims. Greg is top-rated in personal injury and wrongful death cases, with a perfect 10 AVVO rating and is recognized as one of the best personal injury lawyers in Texas. He has won millions for accident victims in Houston and across Texas. You will not find a more experienced injury attorney. Greg holds dual law degrees and is also a graduate of the Trial Lawyers College.
You will not be a case number to us. Our legal team will treat you like family. We will use our personal injury law experience and winning record to maximize your compensation, We have the expertise and resources to handle the most difficult cases. Contact our law firm and let us fight for your financial compensation.
Call us 24/7. Let’s start fighting together,
Greg Baumgartner
CEO of Baumgartner Law Firm
Have You Been Injured by a Drunk Driver?
Has a drunk driver hit you? Sustained injuries and had to have medical treatment due to a drunk driver? Contact our Houston dram shop for assistance. Perhaps they have been admitted to the hospital and are wondering who will pay these bills related to their personal injury cases. This is a common occurrence in the state of Texas, particularly in Houston dram shop cases.
Often, drunk drivers have small insurance policies that don’t cover all the victim’s costs. Sending the driver to jail doesn’t help the injured person. But if a bar served too much alcohol to the driver, their liquor insurance might help. In Texas, these cases against bars for over-serving customers are tough to win.
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.
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Contact the Undefeated Dram Shop Liability Attorney in Houston with Decades of Expertise and a Proven Track Record
Bars and Clubs May Be Liable
In a dram shop liability claim, the plaintiff must prove two main things. First, they must show that when alcohol was given to the drunk driver, that person was already so drunk that they were a danger, which is crucial in personal injury cases. Second, they must prove that this over-serving of alcohol caused the damages they’re claiming. The burden to prove these facts falls on the plaintiff.
An early investigation by an experienced dram shop lawyer who is familiar with Texas liquor liability laws is essential to protect the victim’s rights.
Alcohol is a factor in many disastrous car accidents every year in Texas, leading to numerous injury lawsuits. People should never get behind the wheel of a vehicle after drinking. One should know when they have had too much to drink. And call Uber or Lyft, or designate a driver who has not been drinking.
It is not safe to drive after drinking; remember that Texas law holds drivers accountable for their actions. Those who drink and drive put everyone at risk.
Bars should ensure no one is unfit to drive home after they provide alcohol. Dram shop liability is a crucial aspect 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.
Drunk Driving Accidents
Most dram shop cases come from drunk-driving crashes. In Texas, the Dram Shop Act (Section 2 of the Texas Alcoholic Beverage Code) sets the rules for these cases. This law lets families who lost loved ones and those hurt in crashes sue bars and stores that sold alcohol to the drunk driver. If you want justice after such a crash, hire a skilled dram shop lawyer right away.
Cases like wrongful death lawsuits in Houston can take a long time To resolve your case, consider filing a dram shop liability claim. The sooner you call our award-winning law firm, the better!
What is Dram Shop Liability?
Dram shop liability means bars and restaurants can be held responsible when they serve alcohol to someone who later causes harm. This idea is based on the need for places that serve alcohol to do so with care. They must stop people from getting too drunk and becoming dangerous. In Texas, the Dram Shop Act sets these rules. It says businesses can be liable for serving alcohol to people who are clearly drunk or underage. This law stresses the need to serve alcohol responsibly. It aims to lower risks that come from serving too much alcohol to customers.
Evidence
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, we aim to help our clients achieve the level of justice they seek. We conduct investigations looking for evidence that 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 transactions, and blood toxicology results. 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?
Witness testimony to intoxicated behavior can be beneficial in cases against bars that sell alcohol irresponsibly. 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 lie with bars that over-serve someone who obviously was drunk.
Defenses Against a Dram Shop Claim
Bars sued in dram shop cases can use several defenses. The safe harbor rule is one defense. It states that employers are not liable if their staff took approved training. Also, the employer must not have pushed workers to serve drunk people. Another defense is assumption of risk. This claims the plaintiff took a risk by drinking and driving or doing other risky acts. 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.
Common Injuries in Dram Shop Cases
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 that can be addressed through a dram shop liability claim. 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.
Let Baumgartner Law Firm Fight Your Dram Shop Case
Dram Shop laws have been designed to prevent alcohol-serving commercial establishments from engaging in negligent serving practices. If a bar or club violates dram shop laws, they could face serious consequences under Texas law. Cases involving dram shop liability are challenging and complex. Our dram shop lawyers have secured numerous substantial settlements from bars in Texas and 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 be sued if it violated the law. Dram shop liability is one of the more complex areas of law. Consult with an experienced dram shop lawyer who has successfully represented clients in dram shop cases and punitive damage claims for decades. If you were injured by a drunk driver or lost a loved one in an accident caused by an obviously intoxicated individual, call our award-winning attorneys at Baumgartner Law Firm, who have extensive experience in dram shop cases. We are here to help you get maximum compensation. Text us or call (281) 587-1111 for a free consultation!
The Importance of Early Investigation of the Bar or Club
Our drunk driving accident lawyer has helped people for over 40 years. We take cases against bars and clubs that serve too much alcohol to customers. These customers later cause accidents while driving drunk. They may hurt or kill others. Often, the drunk driver lacks enough insurance to cover the damages. We can help when you or a loved one suffers serious injuries. We also help in cases of wrongful death or loss of a family member.
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.
Who Can Be Held Liable in a Dram Shop Case?
In a dram shop case, places that serve alcohol can be held liable for harm caused by drunk people. This includes bars, restaurants, and liquor stores. Social hosts who serve alcohol to minors or clearly drunk people may also be liable. In Texas, the business’s liability isn’t automatic. The business may fight liability under the safe harbor rule in the Texas Alcoholic Beverage Code. This rule offers a defense if the business can show it followed specific training and operating standards.
Examples of Dram Shop Lawsuits
Some examples of situations that may lead to a dram shop lawsuit:
- Victims of drunk driving 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 continue 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 balance
- Slow reaction times
If someone in a bar that serves alcohol is displaying these behaviors, that person should no longer be served. Because they can be a danger to themselves and others.
The intoxicated person could easily injure themselves or others. When someone is drunk, the bar should call a car service if they are too intoxicated to make the call.
Understanding Intoxication
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, impaired coordination or balance, red or glassy eyes, loud or boisterous behavior, and problems with memory or concentration.
Establishments that fail to recognize these signs and continue to serve alcohol to an obviously intoxicated individual may be held liable for any harm that the individual causes under Texas law. Recognizing and acting upon these signs is essential to prevent accidents and injuries.
What is the Dram Shop Law in Texas?
The Texas Dram Shop Act became state law in 1987. The Texas Supreme Court explained this law in a ruling. This ruling affects lawsuits against alcohol sellers. These lawsuits happen when sellers serve drunk people who later get hurt or cause car crashes.
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
Baumgartner Law Firm
Call an Award-Winning Dram Shop Liability
Attorney in Houston for Help
Talk with a top-rated Dram Shop Liability lawyer by calling (281) 587-1111
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Frequently Asked Questions
Houston Dram Shop Liability FAQs
If you or a loved one suffered a Dram Shop Liability, you are sure to have questions and concerns. The best way to answer your questions is to call us for a free consultation. Here are a few questions that our experienced Houston Dram Shop Liability attorney is frequently asked.
What is Dram Shop Law in Texas?
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What is Dram Shop Liability?
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What Evidence Is Needed to Determine Dram Shop Liability?
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Who Can Be Held Liable in a Dram Shop Case?
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How to Prove a Case Against a Bar?
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Contact our Houston injury attorney for a free, no-obligation initial consultation. Our Houston law firm represents crash victims in Harris County and Southeast Texas. We have won hundreds of millions for Dram Shop Liability victims and can help you, too!
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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