What Are My Rights in a Texas Dram Shop Case?
Just about everyone would agree that drunk drivers should be held accountable for any damage they cause behind the wheel. Some may feel the buck stops there; however, Texas has dram shop laws that allow victims of drunk driving accidents to hold bars and other alcohol vendors responsible for over-serving their customers. With that in...
What is the TABC “Know Your Limit” Blood Alcohol Chart?
Many drunk driving accidents are caused by people who were over-served simply because the server didn't know when to cut them off. In order to keep such accidents from happening, the Texas Alcoholic Beverage Commission created an easy-to-use chart to help alcohol providers know when to cut a patron off. But what exactly is the...
Bars and Stores The TABC Investigated for Improper Alcohol Service
Texas Bars Are Often Under Investigation But The Public Never Hears About It Click here to browse the full list of over 1k bars and stores that have been investigated by the TABC for improper alcohol service. Open the local section of any newspaper and a fair bit of the content is supplied by local...
Dram Shop
What Does the Texas Dram Shop Act Say and How Does it Apply to My Case?
How Dram Shop Law Works in Texas Essentially, Texas Alcoholic Beverage Code Ann. §2.01 states that a person who is licensed to sell or serve alcohol in Texas (a "provider") may be held liable for damages if it was evident that the individual being served was intoxicated to an extent that he presented an obvious...
How Is Drink Size Used as Evidence in Texas Dram Shop Lawsuits?
How dram shop attorneys use drink size as evidence in lawsuits against negligent bars and restaurants Safe alcohol service revolves around standard pour sizes. All Texas Alcoholic Beverage Commission (TABC) safe-service procedures assume that bars are using standard pours. The Blood Alcohol Content (BAC) chart that is put out by the TABC uses the number...
What Types of Compensation Are Available in Texas Dram Shop Cases?
Generally, the Texas Dram Shop Act allows an injured person or the families of the deceased to file a lawsuit against the bar, club, or restaurant that caused their losses, if those losses were the result of service to an obviously intoxicated patron. These laws allow victims to recover compensation for their physical, emotional, and...
How Much is My Texas Dram Shop Case Worth?
The Many Losses of A Dram Shop Claim Drunk driving victims need to know their rights. In the shock of getting injured or losing a loved one to a drunk driver, many victims feel intense fear, anger, depression, and loss. There can seem like a million things you will need to start juggling, and thinking...
Who Can Be Held Liable Under the Texas Dram Shop Act?
The Texas Dram Shop Act applies to almost all alcohol providers, not just bars. Drunk driving is a serious problem in Texas. One of the many ways that the Texas Legislature has addressed this issue is by allowing the victims of drunk drivers to seek compensation from the alcohol "provider" that served the drunk driver,...
Who Can Bring a Claim Against a Bar in Texas?
Who Can Sue a Bar For a Drunk Driving Accident? After someone is killed or injured in a drunk driving accident, many people suffer. It's not just family members, but friends, neighbors, and coworkers. The losses radiate out: Little League coaches aren't there for practice, deacons aren't at church on Sunday, and patients' doctors can't...
What Are Common Types of Evidence in Texas Dram Shop Cases?
Dram shop cases can only be won if you can prove to a jury (or convince the defendant's attorneys you can prove) that the establishment served an obviously intoxicated person whose intoxication directly led to an injury or fatality. How do you prove that this happened? With evidence. As with any other civil claim, compelling...
What Are The Most Common Defenses against Texas Dram Shop Claims?
In Texas, when someone's injuries are caused by a bar who served an obviously intoxicated patron, that bar can be held liable under the Texas Dram Shop Act. This law provides the legal framework for victims to file lawsuits against bars (and other licensed providers of alcohol) when their unlawful service leads to injuries. To...
What Is the Bar’s Liability for Novelty & Over-Sized Drinks Under Texas Law?
How Novelty & Over-Sized Drinks Can Increase A Bar's Liability Bars and restaurants know that they're not permitted to sell patrons alcohol when they're obviously intoxicated. Once an alcohol provider can tell that someone is dangerously drunk, they must refuse to serve them another drop. If they serve an obviously intoxicated patron, they do so...
When Are Bar Liable Injuries Caused by Bartenders & Restaurant Employees Drinking on the Job in Texas?
What does the law say about liability for injuries caused by bar and restaurant employees drinking on the job? Bartenders, waiters, and waitresses are around alcohol each time they're on the clock. It might not be surprising that some of them occasionally have a drink while at work. But what does Texas law have to...
What Should I Expect at Trial in My Texas Dram Shop Lawsuit?
Texas Dram Shop Litigation Strategy: Trial When most people think of lawsuits, they immediately picture a trial. The truth is that in Texas dram shop cases, as well as nearly any other civil litigation, the vast majority of lawsuits are resolved before they ever get to trial. Why then are trials what people most associate...
How Do Negotiated Settlements Work in Texas Dram Shop Cases?
Settling A Dram Shop Case Requires An Experienced Attorney Looking Out For Your Best Interests Negotiating for a settlement in a dram shop case is largely advantageous for both sides, assuming the defendant is willing to be fair. Don't get us wrong: we certainly aren't afraid to take Dram Shop cases to court, but we...
How Does Mediation Work In Texas Dram Shop Cases?
How Mediation Works In Texas Dram Shop Cases. Before a dram shop case can proceed to trial, most Texas courts will require that the plaintiffs and defendants go through a process of formal, supervised negotiation, known as mediation, as a final attempt to avoid costly, drawn out litigation. The objective of this process is neither...
Are Bars Required to Carry Liquor Liability Insurance in Texas?
Many businesses in Texas are required to carry liability insurance. Whether it's a daycare or an auto repair shop, these businesses must have valid insurance coverage in order to operate. But are bars and other alcohol providers required to carry liability insurance under Texas law? Answer: No, bars and other alcohol providers are not required...
What Steps Must Be Taken Before Filing a Dram Shop Lawsuit Against a Texas Bar?
Steps Taken Prior to Filing a Dram Shop Lawsuit Against a Bar If you or a family member were injured or killed due to a licensed provider's over-service of alcohol, you may have a claim against that provider, in addition to any claims available against the intoxicated person who caused you harm. A case brought...
How Does Filing Suit in a Texas Dram Shop Case Work?
Filing Suit in a Texas Dram Shop Case Most people assume that a lawsuit begins with filing suit. While this is technically correct, the process actually begins when a victim in a Texas dram shop case hires an attorney and that attorney starts investigating the case. Texas law provides legal means for victims of alcohol-related...