What Is the Dram Shop Law in Texas?
When someone is injured by an intoxicated person in Texas, such as in a drunk driving car accident, the person who caused the harm is not always the only one who can be held responsible. Under certain conditions, an establishment that served alcohol to the negligent driver may also share liability. This concept is governed by the Texas Dram Shop Act.
Learning about how this law works can be important if you have been injured in an alcohol-related incident, whether it’s an auto accident or something else. Read on for more information about how dram shop claims work in Texas and what your legal options might be.
How the Texas Dram Shop Act Works
The Texas Dram Shop Act is found in Chapter 2 of the Texas Alcoholic Beverage Code. It allows an injured person to bring a civil claim against a business that holds a license to sell alcoholic beverages.
For a valid claim, the injured person generally needs to show the following:
- The establishment provided alcohol to a customer
- The customer was obviously intoxicated at the time they were served
- The intoxication was a proximate cause of the injuries and damages suffered
The keyword in any dram shop case is “obviously.” Texas law does not hold a bar liable simply because it served alcohol to someone who later caused harm. The standard requires that the person’s level of intoxication would have been apparent to a reasonably careful server at the time the drinks were provided.
Who Can Be Held Liable Under Texas’s Dram Shop Law?
Dram shop liability in Texas applies to virtually any provider that is permitted to sell alcohol.
Those who may face legal responsibility in these cases include:
- Bars and nightclubs
- Restaurants that serve alcohol
- Liquor stores and package retailers
- Event venues with alcohol service
Note that social hosts are generally not subject to dram shop liability in Texas. For example, if a friend serves you too many drinks at a house party, you typically cannot hold them liable the same way you could hold a licensed establishment responsible.
There is one notable exception, however. An adult who knowingly provides alcohol to a minor under 18 years of age can be held liable if that minor goes on to cause injuries because of their intoxication.
What Types of Damages Can I Recover in a Dram Shop Liability Case?
If you can establish a valid dram shop claim, you may be entitled to recover several types of compensation, including both economic and non-economic damages.
This can include compensation for things like:
- Medical expenses
- Lost wages/diminished earning capacity
- Pain and suffering
- Property damage
Punitive damages may be available as well, but only in rare cases that involve egregious misconduct from the at-fault party. These damages are subject to a higher legal standard under Texas law, which also usually requires that your case make it all the way to the trial stage.
Schedule a Free Consultation With a Dallas DUI Accident Lawyer at Benton Accident & Injury Lawyers Today
If you were injured by a drunk driver in Texas, you may have a legal claim not only against that person but also against the establishment that over-served them.
However, since these cases involve strict legal standards and time-sensitive filing requirements, reaching out to a qualified Dallas personal injury attorney can make a significant difference in your ability to recover the compensation you deserve.
Benton Accident & Injury Lawyers helps people throughout Texas navigate claims involving drunk driving accidents and alcohol-related injuries. Contact our Dallas DUI accident attorneys today to get started with a free consultation.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
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