Drunk driving and subsequent car accidents have been a major problem in Texas for many years. In 1987, the Texas Dram Shop Act was passed to curb this issue. This act meant that other parties could now be held responsible, in contrast to a drunk driver being blamed 100%, for an accident and being liable for damages.
Dram shop laws are also designed to protect people from the negligent actions of over-served patrons. So, while a drunk driver can be blamed for an accident, Texas law recognizes that the establishment that served the driver can also be held accountable.
According to Houston car accident lawyer Jimmy Doan, dram shop lawsuits may be difficult to prove, but it is not impossible. This means that if a drunk driver injures you after being served by a particular establishment, dram shop liability laws may work in your favor.
Dram Shop Liability
The Texas Alcoholic Beverage Code comprises a set of laws that govern the sale and distribution of alcohol in the state. This code also holds bars and restaurants liable for their role in contributing to drunk-driving accidents.
The Dram Shop Law protects all Texas citizens by allowing them to pursue legal action should said establishments not stick to the code.
For instance, the Dram Shop law states that a business selling alcohol can be held liable if it serves a visibly intoxicated patron. It can also be held liable if that patron injures another person by causing a car accident.
Proving Negligence and Causation For Your Dram Shop Claim
If you want to pursue a dram shop claim, you must prove that a bar or restaurant was negligent by serving alcohol to an already intoxicated person. You must also prove that this negligence directly caused you to suffer harm or an injury.
Therefore, you must demonstrate that a bartender, server, or manager knew the patron’s impaired state. Or, at the very least, you must prove that these staff members should have been aware of it. If you can demonstrate this, you must show the direct link between the establishment’s ‘over-service’ and the harm you suffered. This means showing how the intoxicated person’s actions led to an accident that affected you directly.
It is also important to convert your losses into figures. You must show how much your injuries and damages have cost you. These expenses include wages lost because you could not work after being injured. They also include medical expenses and property damage.
Who Can Benefit From Dram Shop Laws?
Not everyone can file a Texas Dram Shop claim. While victims of drunk driving accidents and their family members may have the right to do so, other parties may not be able to.
According to law, only the individual who suffered harm or damages can file such a claim, as well as an immediate family member, if the individual dies of their injuries.
When Does Dram Shop Laws Apply?
Dram shop laws are mostly applied in the case of drunk driving accidents. This is because the law has to come into play to establish whether a bar or restaurant can be held liable.
However, you must remember that dram shop laws cannot apply if someone buys alcohol from a bar or restaurant and then drinks it at home. If the intoxicated person then injures you after drinking at home, dram shop laws cannot cover your claim.
Other Considerations
Texas also recognizes social host liability. This means party hosts or even homeowners can be held liable for injuries caused by guests who became drunk at their event or party.
This law also comes into effect if a host serves a minor alcohol and the minor causes harm to others or themselves. Social host liability law is all about holding people accountable, but it is different from dram shop liability, which holds establishments accountable.
It is also not easy to prove a social host’s liability. The law must consider several factors, including the ages of all the guests and whether the host provided the alcohol consumed.
Building a Dram Shop Case
You need sufficient evidence to believe you may have a strong dram shop case. This includes eyewitness accounts, medical records detailing your injuries, video footage, and police reports.
Hiring a lawyer specializing in dram shop cases can make this process much easier. Dram shop cases are also typically complex, which is another reason to hire a lawyer.
Holding the Right Parties Accountable
If you or a loved one has been injured due to the negligence of an intoxicated person, seeking legal advice should be your first step. An experienced attorney can guide you in filing a legal case and help you get the compensation you deserve.