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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.

So, what happens if an intoxicated baseball fan leaves the stadium and then causes an accident, or assaults someone at the stadium or in the parking lot? It's possible that the stadium can be held responsible for the deaths or injuries that result.

In this article, Texas dram shop attorney Michael Grossman explains how these cases work under Texas law.


Questions Answered on This Page:

  • Can you sue a baseball stadium for over-serving a patron if they cause an accident?
  • Is the baseball stadium responsible if an intoxicated fan injures them self or someone else?

What Texas Law Says About Drunk Baseball Fans Injuring Themselves or Others

Under Texas law, there are first-party dram shop cases (when an intoxicated person injures them self) and third-party dram shop cases (where an intoxicated person injures someone else). Both of these kinds of cases are common when dealing with places like baseball stadiums.

Let's say a fan has a few beers in the stands. He's grown increasingly belligerent, outspoken when he disagrees with calls by the referee, and has stumbled a few times when he's stood up to make his opinion known. Any reasonable person would agree that this fan is already fairly intoxicated. If he is again served another beer, after being obviously intoxicated, the baseball stadium has acted outside the the rules they agreed to follow according to their license agreement with the Texas Alcoholic Beverage Commission. If this fan then were to assault another patron or attempt to drive home and cause an accident, it would create a potential third party dram shop case.

If however, this fan were to instead step out into traffic upon leaving the stadium and get struck by a vehicle, they would have a possible first party dram shop case.

In both of these scenarios there are a few things that would need to be proven in order for the case to be successful. Under Texas law, it has to be proven that:

  • The place that over-served the intoxicated person was licensed to serve alcohol (baseball stadiums are)
  • The intoxicated person was an adult recipient (someone over the age of 18)
  • The person was served past the point of obvious intoxication
  • The over-service of alcohol was the proximate, or primary cause of the injuries or deaths incurred in the accident

If all of these elements can be proven, you have the required ingredients for a viable dram shop case.

Call Grossman Law Offices if You Were Harmed by A Baseball Stadium's Over-service

The attorneys at Grossman Law Offices have over 25 years of experience handling dram shop cases in the state of Texas. We've handled literally thousands of personal injury claims, and we're confident that we can answer whatever questions you may have regarding your possible claim.

Give us a call at (855) 326-0000 and we'll be more than happy to help. You can reach us 24/7. So give us a call whenever it is most convenient for you.


Other articles about Texas dram shop cases that may be helpful: