Pursuing Damages Under the Texas Dram Shop Law

 Posted on July 07, 2023 in Uncategorized

In Texas, establishments such as bars, restaurants, and clubs, can be held legally accountable for the consequences of serving alcohol to visibly intoxicated individuals or minors who subsequently cause accidents that result in injuries or death to others. The following is a brief overview of the law. If you have been injured by a drunk driver, contact a Texas personal injury attorney for legal assistance.

Liability

Under the Texas Dram Shop Law, establishments that serve alcohol can be held liable for the actions of an intoxicated person if they continue to serve alcohol to that individual when it is clear that that person poses a danger to themselves or others. The purpose of the law is to prevent serving alcohol to those who are already visibly intoxicated.

The law places importance on the concept of visible intoxication, which refers to clear signs of impairment that would be evident to a reasonable person. It is not necessary for the individual to have a high blood alcohol concentration; rather, the focus is on their behavior, speech, coordination, and other observable signs of intoxication.

Social Host Liability

This law also extends liability to social hosts who serve alcohol to guests in non-business settings like a private residence. If a social host knowingly serves alcohol to a visibly intoxicated person or a minor, and that person causes injury to another, the host can be held accountable for their actions.

Damages

In a dram shop liability case, injured parties can seek various damages, including medical expenses, rehabilitation costs, lost wages, pain and suffering, emotional trauma, scarring, disfigurement, and more. If the injured party dies from their injuries, their family may be able to file a wrongful death lawsuit in order to pursue damages for losses including funeral and burial expenses, loss of the love and guidance of the deceased, loss of financial support, and more.

Comparative Responsibility

Texas follows the doctrine of comparative responsibility, which means that the damages awarded may be reduced if the injured party is found partially responsible for their own injuries. The court will assess the percentage of fault of each party involved and adjust the damages accordingly. However, if the injured party is more than 50 percent at fault, they cannot pursue a claim.

Statute of Limitations

It is important to note that there is a two-year statute of limitations for dram shop liability cases. This means that injured parties have two years from the date of the incident to file a claim against the establishment or social host responsible for serving the alcohol to the party that caused the accident.

Contact a Fort Worth Injury Lawyer

If you have been injured in an accident caused by a drunk driver, you may be able to also pursue legal action against the establishment where the driver obtained the alcohol. Call Clark Law Group at 469-906-2266 to schedule a free consultation with a skilled Dallas, TX DWI accident attorney.

Source:

https://statutes.capitol.texas.gov/Docs/AL/htm/AL.2.htm