According to Texas law, any drinking establishment, such as a bar or tavern, is a “dram shop.” This means that the business actively sells alcohol to patrons on its premises. If employees over-serve a customer and that person causes a collision, then the victims may have grounds for a lawsuit. This is where a personal-injury attorney can help.
In order to hold a dram shop liable for a crash, the plaintiff must prove that the defendant continued serving alcohol to someone who was obviously intoxicated. An accident attorney can help by gathering evidence, structuring your claim, handling settlement negotiations and, if necessary, litigating the case in court.
If your accident happened in Texas, then contact the Robson Law Firm. You may be entitled to compensation to pay for health-care bills, lost income and other damages. Call us today at 512-345-8200 to schedule a consultation.
Until then, here are the answers to two FAQs about dram shop liability in Texas:
1. What do Texas laws say about dram shop liability?
The Alcoholic Beverage Code contains the Dram Shop Act. It holds businesses accountable when they sell alcohol to people who are obviously drunk. The person filing the lawsuit must demonstrate that the at-fault driver was too intoxicated to drive, and as a result, he or she caused an accident.
In Texas, the dram shop law also makes provision for minors. Children can sue the establishment if they suffer injuries because the business sold alcohol to them, especially if they were drunk at the time already. If that child injures you, then you can also sue the business for selling alcohol to him or her.
2. What must you prove when claiming dram shop liability in Texas?
There is no guarantee that the dram shop will admit responsibility. Dram shops can legally sell alcohol, and they are not automatically liable for injuries that a patron may cause after drinking at the establishment.
In Texas, a dram shop with a legal license to serve alcohol may only be liable for a portion of the responsibility. Usually, a jury will assign a proportion of liability to all involved parties in the form of a percentage. Specifically, the dram shop is only liable if you can prove that it was more than 50 percent responsible for your injury. This means that choosing to drink and drive will ensure the driver is partially liable.
If your injury was the result of a person who was over-served at a dram shop, then you may have valid grounds for a lawsuit. If you were that patron, then the business may still be liable for some of your losses.
An Austin personal-injury lawyer can evaluate your situation to determine if filing a lawsuit would be in your best interests. An attorney from the Robson Law Firm can gather evidence and aggressively fight for the compensation that you deserve. Call us today at 512-345-8200 to get started.