It is illegal to drive while intoxicated in the State of Texas. But did you know that the State of Texas provides recourse for individuals injured as a result of an intoxicated driver? The State of Texas has enacted statutes for individuals injured or killed by drunk drivers. This liquor liability statute creates liability that is commonly referred to as “Dram Shop” statute.
The Dram Shop statute has provisions that hold licensed establishments such as restaurants, bars, and liquor stores liable for selling or serving alcohol to individuals who should not have been served, and who later cause injuries or death to themselves or others as a result of their intoxication. Under Texas law, anyone who sells alcohol or supplies alcohol should refuse to serve people who are visibly intoxicated. If you were hit by a drunk driver or were otherwise injured by somebody who had too much to drink, the person who supplied the alcohol could be held accountable and owe money damages.
Liability in Texas for violation of the Dram Shop Act occurs when at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself or others; and the intoxication of the recipient of the alcoholic beverage was the proximate cause of the damages suffered.
Under Texas law, anyone who sells alcohol or supplies alcohol should refuse to serve people who are visibly intoxicated. If you were hit by a drunk driver or were otherwise injured by somebody who had too much to drink, the person who supplied the alcohol could be held accountable.
Additionally, Dram Shop liability also holds providers responsible when they sell or furnish alcohol to a person under the age of 21. If you or a loved one was injured as a result of the intoxication who is under 21, you may have a claim against the party who furnished alcohol to them. This could include a bar, restaurant, or a non-parent who had actual knowledge that the person was not 21 yet provided or furnished alcohol.
Our firm consists of experienced attorneys to handle these difficult cases. We have the resources including toxicologists, accident reconstruction experts, private investigators, life care planners and economists that can help establish liability and damages against a business or responsible party. We have handled numerous Dram Shop cases over the years, amounting to settlements in excess of $6,000,000 on just these types of cases. We receive referrals from colleagues in our communities, and we are experts in these cases.
Injury and/or death caused by another individual is traumatic for the family. Allow us to help you through the difficult legal battles so that you can spend your valuable time recovering from the tragic events of injury. We are available to meet with you anytime and will provide you an honest and fair assessment of your claims. We do not receive a fee unless you receive payment of your claims or damages.