What Direct Evidence Proves Obvious Intoxication in a Texas Dram Shop Case?
How direct evidence of obvious intoxication works in a Texas dram shop case If you have been injured by someone under the influence of alcohol, you may be able to sue the bar or restaurant who over-served them. Such a lawsuit is brought under the Texas Dram Shop Act, which is a section of the...
How Can Circumstantial Evidence Prove Obvious Intoxication in a Texas Dram Shop Case?
How circumstantial or indirect evidence of obvious intoxication works in a Texas dram shop case: To succeed in any dram shop case, your attorney must obtain compelling evidence proving that the bar or other licensed provider served an obviously intoxicated patron who went on to harm themselves or others as a result. Lawyers refer to...
How Is the TABC “Know Your Limit” Chart Used As Evidence In Dram Shop Cases?
When an attorney brings a dram shop case on behalf of a victim, what needs to be proven is that the bartender over-served alcohol to an obviously drunk customer. So how can the TABC "Know Your Limit" chart be used as evidence in a dram shop case? Answer: The Texas Alcoholic Beverage Commission's "Know Your...
Can Changes in Behavior Be Used as Evidence in a Texas Dram Shop Case?
Evidence of a Drinker's Change in Behavior Can Show That They Were Over-served You don't necessarily need a degree in human behavior to spot the most obvious physical signs of intoxication. In all cases though, several key behavioral patterns should be detectable by a trained bar staff, and observing any of them should serve as...
How Can Evidence in a Criminal Case Help My Texas Dram Shop Lawsuit?
How Evidence Collected by The DA for Criminal Prosecution Can Help Your Dram Shop Claim The evidence collected by a district attorney in an ongoing criminal DUI/DWI case can be extremely helpful to a civil dram shop (drunken driver accident) lawsuit. Since the district attorney is most likely pursuing a separate, criminal investigation, your lawyer...
Why Is Preventing Spoliation of Evidence Important in a Texas Dram Shop Lawsuit?
Spoliation of Evidence in a Texas Dram Shop Case In Texas dram shop cases, victims of alcohol-related injuries and fatalities (like drunk driving accidents) can sue the bar or restaurant that over-served the wrongdoer. Central to a dram shop case is being able to prove that the bar violated the Texas Dram Shop Act and...
Who Can Be Held Liable for Alcohol Overservice at Private Parties?
Parties With Alcohol: Who Can Be Held Liable? Enjoying alcohol at a social function can be both pleasant and safe when it is consumed responsibly, but it can also turn into a bad situation when guests leave the party after becoming intoxicated. Leaving a party and driving while intoxicated could lead to them hurting themselves...
How Does Negligent Entrustment Work in a Drunk Driving Case?
Negligent entrustment of a vehicle to an intoxicated driver. When someone is hit by a drunk driver and injured or killed, that person or their family has a personal injury or wrongful death claim against the drunk driver, and possibly a third party "dram shop" case against the bar, club, or restaurant that may have...
When Can Bars Be Held Liable for Alcohol-Related Assaults?
Bars can be liable for assaults in or near their premises. Here's how it works: Alcohol reduces people's inhibitions and sometimes leads to poor decisions that cause death or serious injury. Additionally, the connection between alcohol and violence is scientifically proven. By some estimates, as many as 40% of assault offenders were under the influence...
Can Bars Be Liable for Alcohol Poisoning?
The bar can be held responsible if they over-serve a patron and the patron suffers alcohol poisoning. Alcohol poisoning, the act of over-serving a consumer of alcoholic beverages to the point of sickness or death, is an all-too-common scenario these days. When this occurs, the bar or establishment that over-served the patron may be held...
When Can Bars Be Liable for Patrons Walking Into Traffic While Drunk?
How a Texas dram shop attorney can help after someone walks into traffic while drunk Under Texas law, it is illegal to sell alcohol to a person who is already drunk. This law does not have an exception for when a patron isn't driving. For this reason, when a bar or restaurant serves an obviously...
Can I Recover Compensation for Alcohol Related Slips, Trips, and Falls in Texas?
How Liability for Alcohol-Related Slips, Trips, and Falls Work Alcohol is an extremely powerful substance that can effect judgment, coordination, and sight. Bars and restaurants know this, but they have all had patrons who were so drunk that they couldn't stand up straight. They know that when people are too inebriated, their motor skills become...
Can You Sue a Bar that Serves Alcohol to Minors?
Under Texas Law, Bars Can Be Sued When They Serve Minors Unlike the very specific standards for bringing a Texas dram shop lawsuit when an already-intoxicated adult is served, when a minor is served alcohol in Texas, in any amount, the person who served the minor can generally face a dram shop lawsuit, with a...
Who Is Responsible When a Drunk Injures Someone Else after Leaving a Bar?
Common Dram Shop Scenarios: Drunk Drivers Hurts Others We get calls all the time from clients who are having to maneuver their ways through dram shop cases after being injured by a drunken driver. More often than not, these cases surround scenarios where a drunk driver has injured someone else after leaving somewhere like a...
Who Is Responsible Drunk Driver Hurts Themselves after Leaving a Bar?
Who is liable when a drunk driver hurts themselves? Our dram shop attorneys explain: Drunk driving is a serious problem. We all know that drunk drivers can injure and kill others, but what about the intoxicated motorists themselves? Does the law allow them to potentially file a claim against anyone? The answer is that the...
Are Drunk Driving Accidents the Most Common Dram Shop Liability Scenario?
Common Dram Shop Liability Scenario: Drunk Driving Accidents Most lawsuits that are pursued under the Texas Dram Shop Act are the result of a drunk driving accident. In these cases, the driver responsible for the accident had been unlawfully over-served at a bar prior to the accident, and was subsequently involved in a drunk driving...
Can Baseball Stadium Vendors Be Sued for Alcohol-Related Injuries in Texas?
Can you sue a baseball stadium for over-serving alcohol to fans? Absolutely. Many baseball fans look forward to unwinding at the game with a hot dog and cold beer in hand. This is a fine pastime, unless the stadium over-serves fans to the point that that are a danger to themselves and others around them....
Can I Sue a Basketball Arena for My Alcohol-Related Injuries in Texas?
Under Texas Dram Shop Law, It's Possible to Sue Basketball Arenas for Over-Serving Alcohol When basketball fans get together at a game to watch their favorite teams compete, alcohol is often part of the fun. There's nothing wrong with that, unless the arena is over-serving patrons to the point that they become a danger to...
Are Sports Arenas Liable When They Overserve Patrons in Texas?
Suing a Sports Arena Under Texas Dram Shop Law Sports fans often enjoy attending a game with concessions and a cold drink in hand. This is a great past time and mostly harmless unless the sports arena is over-serving patrons to the point that they become a danger to them self or those around them....
Under What Circumstances Can an Alcohol Provider Be Sued?
Under Texas law, licensed alcohol providers can be sued when they sell, serve, or provide alcohol to an obviously intoxicated customer whom they can tell is already dangerously drunk. This area of the law is known as Dram Shop law. The most common scenario that leads to a dram shop lawsuit is when a bar...