Understanding Texas Dram Shop Laws in Drunk Driving Accident Cases

While towns and governments around the country have turned their attention to distracted driving and mitigating its various causes, drunk driving still remains a significant problem. In fact, there were an average of 500 drunk driving accidents statewide over the last year, according to the most recent data available. Given these unfortunately common incidents, victims should know about their rights following a DUI accident in Texas.

For instance, damages and injuries caused by a drunk driver might be claimed against a bar that oversupplied them with alcohol under Texas' "dram shop" laws and rules.

What Are Dram Shop Laws?

All in all, officials in Texas have worked hard to fight drunk driving actively. To ensure the safety of citizens statewide, authorities have enacted several stringent DUI laws for Texans, which include dram shop laws.

A clear definition of the Dram Shop Act is a good place to start. Dram shop laws in Texas permit, under certain conditions, victims who were injured in an accident by impaired driving to file a claim for damages against the establishment that served the drunk driver. When it comes to selling and distributing booze in the Lone Star State, the Texas Alcoholic Beverage Code specifies the legal responsibility of establishments like restaurants and bars.

When an alcohol-related accident occurs, the law holds bars and restaurants responsible for whatever part they may have played in it. It protects Texans by providing them and their families with access to legal remedies in the event of injury caused by a business's breach of contract.

In essence, these types of establishments are held liable under the law for their contribution to or involvement in an alcohol-related accident. It establishes a safeguard against victimization for Texas residents by providing legal recourse to them and their families in the event that they sustain injuries as a result of such an establishment's breach of its duty of care. The conditions under which a bar or restaurant may be held liable for the actions of an intoxicated patron are outlined in these statutes.

Under Texas dram shop legislation, establishments that offer, sell, or serve alcoholic beverages are culpable for damages caused by an intoxicated patron if the following conditions are met:

• The customer was clearly and/or obviously intoxicated and posed a risk to themselves or others; and
• The injuries a victim sustained were directly attributable to the customer's drunk driving.

Liability Under Texas Dram Shop Laws

As mentioned above, businesses serving alcohol may incur liability for any injuries and other damages that ensue as a consequence of serving alcohol to a patron who is visibly intoxicated, in accordance with the dram shop laws of Texas. For wrongful death claims, this may include medical expenses, lost wages, agony and suffering, loss of consortium or companionship, funeral costs, and more.

Additionally, establishments are subject to fault in cases where they negligently serve alcohol to a minor or when an injured patron leaving the bar is found to be clearly intoxicated.

The Dram Shop Act holds establishments liable in such situations for failing to identify and/or prevent the potential injury that their actions may cause by letting a potential drunk driver leave.

Duty of Care in Dram Shop Cases

Bars and restaurants are legally obligated to follow a "duty of care" when serving alcoholic beverages. This necessitates that they exercise reasonable caution in order to prevent consumers from becoming excessively intoxicated, including abstaining from overserving customers.

Establishments that fail to fulfill this duty may incur liability for any injuries that ensue as a consequence of their negligent actions. In addition, it's important to realize that a duty of care extends beyond bars and restaurants to encompass other establishments that offer alcoholic beverages, including convenience stores, private clubs, and liquor stores.

Who is Liable Under Dram Shop Laws?

The term "provider" is not restricted to bartenders in Texas. It includes in its scope anyone who, with a valid license or permit, offers alcoholic beverages for sale or service, such as the following:

• Servers in restaurants
• Liquor store clerks
• Casual hosts who serve alcoholic beverages (private and public events)
  Club or lounge personnel
• Catering employees
• Hotel personnel in bars or via room service
• Employees of convenience stores
• Owners or administrators of any licensed establishment that sells alcoholic beverages

Again, an essential element determining potential liability in accordance with Texas's dram shop legislation is whether the individual or organization in question supplied alcohol to the visibly intoxicated patron while operating under a license or permit to sell or serve alcoholic beverages.

Private Hosts and Texas Dram Shop Liability

Private social hosts who serve adult guests are generally exempt from liability under Texas dram shop laws in the event that a visitor departs their home intoxicated and subsequently causes an accident. That said, similar situations involving minors do not fall within the exceptions specified in the social host liability laws of Texas.

Moreover, the following conditions must be met for an adult aged 21 or older to be held liable for damages caused by the intoxication of a minor:

• As ordered by the court, the adult does not have the role of parent, guardian, spouse, or custodian of the juvenile.
• The adult purposefully supplied or facilitated the provision of alcohol to the minor or permitted the minor to be supplied or facilitated with alcohol on the adult-owned or leased property.

Contact the Rasansky Law Firm in Dallas

Rasansky Law Firm’s auto accident lawyers have more than three decades of experience in assisting victims of incidents caused by drunk or intoxicated drivers. Our team is ready to analyze the facts surrounding your case and assess your legal alternatives. If a negligent driver in Texas has left you injured and you have questions about dram shop liability in Texas, you need exceptional legal counsel to recover and rebuild your life.

Contact our personal injury lawyers in Texas at (214) 617-1981 for a free case review with one of our highly skilled and seasoned Texas drunk driving accident lawyers. Our Dallas drunk driving accident attorneys are ready to assist you in obtaining the justice you deserve.