Alcohol-related accidents can cause life-altering consequences, especially when someone is overserved by a bar or restaurant. That’s where the Texas Dram Shop Act comes in, a crucial law that helps victims hold alcohol providers accountable. If you or a loved one were injured by someone who was intoxicated, this blog will help you understand how the Dram Shop Act works, who can be held liable, and how a dram shop lawyer can help you seek justice.
What Is the Dram Shop Act?
The Dram Shop Act is a law that allows individuals to file claims against establishments, like bars, clubs, or restaurants, that over-serve alcohol to visibly intoxicated people or minors who then cause harm to others.
Texas Dram Shop Law at a Glance
- Passed as part of the Texas Alcoholic Beverage Code
- Applies to licensed alcohol providers (bars, restaurants, clubs, etc.)
- Allows civil liability when alcohol is served irresponsibly
Under Texas law, a business can be held financially responsible if:
- They served alcohol to a intoxicated person who posed a danger to themselves or others
- That individual went on to cause an accident, injury, or death
Who Can Be Held Responsible Under the Dram Shop Law?
Businesses and Establishments
Bars, nightclubs, restaurants, and even convenience stores that sell alcohol can be liable under the Dram Shop Act. These establishments have a legal duty to recognize when a customer is too intoxicated to continue drinking.
Social Hosts (In Certain Cases)
In Texas, social hosts (people who serve alcohol in a private setting) are generally not liable, unless they serve alcohol to a minor under the age of 18. If that minor causes an accident, the host may be held accountable.
Common Scenarios Involving Dram Shop Claims
Drunk Driving (DUI)
One of the most common cases involves someone who has been overserved at a bar and then drives under the influence (DUI). If that driver causes harm, Texas law may hold both the driver and the establishment responsible for damages.
Car Accidents
When an intoxicated driver causes a car accident, victims can pursue claims against both the driver and the bar or restaurant that contributed to the intoxication by overserving alcohol.
Physical Altercations
Alcohol-fueled fights at bars or events can lead to serious injuries. If it’s proven that the aggressor was overserved, the venue might share liability for the resulting harm.
Injuries to the Intoxicated Person
In some cases, the overserved individual, or their family, may file a claim if the person was injured or killed after being negligently served alcoho
How a Houston Dram Shop Lawyer Can Help
A dram shop case is not always easy to prove. That’s why hiring a skilled attorney is so important. A lawyer can help:
- Investigate the establishment’s conduct
- Gather evidence like receipts, witness statements, or surveillance footage
- Handle negotiations with insurance companies
- File a lawsuit if necessary to pursue full compensation
When to Contact a Dram Shop Attorney
You should reach out to a dram shop lawyer as soon as possible if:
- You were injured by a driver who was under the influence of alcohol.
- A loved one was harmed due to someone else’s alcohol consumption
- There’s reason to believe an establishment contributed to the incident
Alcohol-related accidents can have serious consequences, but you don’t have to face the legal system alone. The Mokaram Law Firm has the experience, resources, and commitment necessary to advocate for your rights under the Dram Shop Act. If you or a loved one has been impacted by negligent alcohol service, it’s important to take action now. Contact Mokaram Law Firm today for a free consultation and learn how we can assist you in moving forward.
