If you’ve been injured in a drunk driving accident in Texas, you may already know that you can file a claim against the person behind the wheel. What you might not realize is that the business that served them alcohol could share legal responsibility for what happened as well.
Texas law does allow accident victims to hold bars, restaurants, and other licensed establishments accountable in certain situations. This area of law is known as “dram shop liability,” and learning about how it works can open the door to additional compensation. Read on for more information about when these claims apply and what you’ll need to prove.
What Is the Texas Dram Shop Act?
The Texas Dram Shop Act is found in Chapter 2 of the Texas Alcoholic Beverage Code. It creates a legal framework for holding alcohol-serving businesses responsible when their decision to keep pouring drinks leads to someone getting hurt.
Under §2.02, a bar, restaurant, nightclub, or any other licensed establishment can be held liable if it served alcohol to a patron who was obviously intoxicated to the point of posing a clear danger to themselves or others. The law also applies when an establishment serves alcohol to a minor under the age of 21. If that intoxicated person then causes a crash, the business may owe damages to the victim.
Before this law was enacted in 1987, it was far more difficult to hold these businesses accountable for the consequences of over-serving. The Act was designed to encourage responsible serving practices and reduce the number of alcohol-related accidents across the state.
What Do I Need To Prove in a Dram Shop Claim?
Dram shop cases can be challenging because you can’t simply argue that a bar sold someone too many drinks. Texas law requires you to establish specific elements to hold the business liable.
You will generally need to show that the establishment provided alcohol to the individual, that the person was visibly intoxicated at the time they were served, and that their intoxication was a direct cause of the accident that injured you. Each of these points must be backed by enough proof to meet the “by a preponderance of the evidence” standard.
If the person who caused the accident was a minor, you won’t need to prove visible intoxication. Serving alcohol to anyone under 21 is a violation of the law on its own; that alone can create liability for the business.
The Safe Harbor Defense
Texas law does give establishments a way to protect themselves from dram shop claims. This is called the Safe Harbor Defense.
A business may avoid liability if it can demonstrate that it properly trained its employees on responsible alcohol service, maintained clear internal policies against over-serving, and did not pressure or incentivize staff to push excessive drink sales. If all three of these conditions are met, the establishment may be shielded from a claim even if a patron later causes an accident.
Does This Apply to Private Parties?
The Dram Shop Act only covers businesses that are licensed to sell or serve alcohol. It does not extend to private individuals hosting gatherings in their homes. If someone gets drunk at a friend’s house and causes a wreck, the host is generally not liable under Texas law.
There is one notable exception, however. An adult who knowingly provides alcohol to a minor under 18 in a non-commercial setting can be held responsible if that minor goes on to cause harm. This distinction applies specifically to minors under 18, not the broader under-21 category used for licensed establishments.
Contact a Personal Injury Attorney With Cal Mundell Law Firm, PLLC
Were you involved in an accident with a drunk driver in Texas? A dram shop claim under state law could significantly expand the compensation available to you. These cases involve unique legal challenges, however, so working with an experienced personal injury attorney is often the best way to determine whether the business that served the driver can be held liable.
Schedule a free consultation with Cal Mundell Law Firm, PLLC today to get started with your case at (915) 285-4626. We work on contingency, so you’ll only pay attorney’s fees if we successfully handle your claim.