Dram Shop Claims

Many people who enter bars and similar establishments obviously leave in an intoxicated state. When someone chooses to drink and drive, that person should be held accountable for any harm caused because of his or her decision to break the law. Excess consumption of alcohol affects one’s physical capabilities and decision-making skills and has potentially dangerous consequences. Victims of someone else’s drunken negligence in Texas can hold that person accountable. Furthermore, Texas also holds those serving the alcohol accountable as well such as the establishment or bar that served alcohol to the drunk driver. If you go through the drink menus of popular restaurants, it is not surprising that they make a large percentage of their profit from liquor sales.

These establishments go all out in promoting the over-consumption of alcohol through happy-hour type promotions and up-selling their customers’ super-sized drinks. It is the responsibility of businesses that serve alcohol to make sure no one unfit to drive gets behind the wheel.  This is known as Dram Shop Liability and it refers to the responsibility of any liquor serving business to cut off any person that they feel is intoxicated to the point that he/she might be dangerous behind the wheel. A dram shop is a legal term for any establishment that serves alcoholic beverages to the public. The Texas Supreme Court imposed a duty on bars and restaurants not to serve alcoholic beverages to people they know or should know are intoxicated in 1987. It gave people the ability to seek damages from bars or restaurants if they were injured by someone who was intoxicated after being served alcohol in an establishment.

Bars, nightclubs and restaurants all fall under this Dram Shop Act. This act clearly indicates that serving alcohol or beer to a visibly intoxicated customer, who then goes out and drives a car is all that is needed to be held liable. In order to prove a claim against a dram shop, the plaintiff has to prove that the establishment continued to serve the customer alcohol even after he was visibly intoxicated to the extent that he was a danger to himself and others and alcohol was the specific cause of the accident. Texas dram shop laws also allow minors to sue alcohol serving establishments for any injuries incurred as a result of the dram shop serving them alcohol illegally. In Texas, dram shop liability only covers a portion of the compensation that is to be rewarded to a plaintiff, and drinking establishments are also not automatically liable for injuries caused by an intoxicated person.

Texas also has what’s called a social host liability law. This law allows injured parties to seek damages from hosts aged 21 and older serving alcohol to minors that later cause injuries to another person because of intoxication, if:

• The adult is not the guardian, legal custodian, or spouse of the minor, and
• The host knowingly served or provided alcohol to a minor or allowed the minor to drink alcohol on his property

Both dram shop and social host liability claims are considered civil lawsuits in Texas. If the plaintiff files his case in court and sues the company or business that provided or served the alcohol to the negligent person and wins, he can claim monetary damages, including damages for:

• Compensation for lost and damaged property
• Pain and suffering
• Medical bills
• Lost wages and lost earning capacity

Dram shop claims have a statute of limitations, which is the time period that the victim has before it is too late to file a claim. In Texas, the statute of limitations is two years from when the injury takes place. If you fail to make a claim within that time period, the court will not take your claim into consideration. If you’re thinking about filing a claim, do so as soon as possible so that you don’t miss your opportunity. An experienced Texas personal injury law firm can help you determine if you are eligible to file a claim and answer any questions you have.