If you suffered injuries because a bar overserved alcohol to a customer, you need a lawyer right away. The bar could face legal liability because the overserving led to your accident. In Texas, the Dram Shop Act allows accident victims to pursue claims against bars and restaurants for this very reason.
Overserved Customers Cause Dangerous Accidents
Unfortunately, alcohol is a factor in many car accidents. Being hit by a drunk driver can lead to devastating injuries and even death. What’s more, the drunk driver may have just left a bar or restaurant where it was obvious that they were drunk. If the bartender kept serving them even after it became apparent that they had become intoxicated, the business could face liability.
The Texas Dram Shop Act
The state of Texas has long attached legal liability to businesses that overserve alcohol to customers through its Dram Shop Act. A “dram shop” is a historical term for a business that allows alcohol to be consumed on the premises, such as a bar, tavern, or restaurant. A dram is a liquid measurement of about 1/8 ounce.
According to the Texas Dram Shop Act, any “provider of alcoholic beverages” that provides, sells, or serves an alcoholic beverage to a customer could be liable to another person if:
- “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 and others”, and
- “the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.”
In other words, if an accident victim can prove that it was clear to the bartender or cashier that the person buying alcohol was very intoxicated, to the point of endangering other people, the business could face liability. Additionally, the victim has to prove that the person buying alcohol’s drunkenness caused the accident in which the victim was injured.
Notably, the Dram Shop Act does not limit liability to bars or restaurants. Any provider of alcohol, including grocery stores and convenience stores, could potentially face liability. Even unpermitted alcohol sellers fall under the Act.
Proving Dram Shop Act Violations
If you believe that the drunk driver who hit you was overserved, it’s important to gather evidence to support a potential Texas Dram Shop Act claim. For example, you may need testimony from others who were at the bar with the drunk driver or surveillance footage showing their level of intoxication. It might not be easy to obtain this evidence, especially if you are dealing with significant injuries from the accident. We recommend that you hire a law firm experienced with pursuing injury claims from drunk driving accidents to help you. Our team at Allen & Nunnally will pursue your claim to the fullest extent of the law by obtaining available evidence and building your strongest arguments for recovering much-deserved compensation.
Frequently Asked Questions
A drunk guy started a fight with me at the bar and injured me. Do I have a case?
If you’re in this situation, we’d love to speak with you further during a free consultation about your case. Bar fights can lead to serious injuries and even death. When a participant in a fight has obviously been overserved, the bar may face liability for a victim’s injuries.
I’m concerned that the driver who hit me was drunk because he pulled out of a bar parking lot just before he hit me. What can I do?
Allen & Nunnally’s lawyers track down any information we can find about the circumstances of your accident. For example, we might seek out the police report to learn if the driver was given DUI tests. We could also find video of the driver leaving the bar or witnesses who saw him there. The bar also might face liability if it served him when he was clearly intoxicated. Give us a call today so we can talk about your case.
We’re First to Fight for Victims of Drunk Driving
Do you need advice about legal rights after being injured by a drunk driver? At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans, including victims of accidents due to drug or alcohol intoxication, trust us to fight for the compensation they deserve. We have a steadfast commitment to client service that you can depend on. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.