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Dram Shop Liability: Who Should I Sue in a Drunk Driving Accident?

Lance Sharp • October 20, 2017

Adults have the right to enjoy a drink in Texas, but when they become intoxicated (visibly or otherwise), Texas bars and other drinking establishments are legally required to stop serving them. Not all places do, either because the server fails to realize that their customer has had too much or they’re more concerned about the size of their tips, but people get hurt as a result.

Prior to the passage of the Texas Dram Shop Act in 1987, no person or establishment could be held responsible if they kept serving a drunk patron and someone was then injured or killed by that patron afterwards. Now, if you are hurt by an over-served intoxicated person, you can potentially sue the establishment that sold them the drinks, provided you can establish “standing” before the court.

What does this mean, exactly? From a legal perspective, you have standing if you 1) were injured, and 2) suffered damages that can be addressed by a Texas court.

Personal Injury Claimants

Texas law allows the following parties to file a personal injury claim against the bar when an over-served patron causes an accident:

  • Anyone who was actually hurt by the drunk driver. Injuries must be physical. If you were merely scared by a close call, you do not qualify as a claimant.
  • The drunk driver, if they were injured due to their intoxication.
  • Family members such as parents, spouses, or children, provided the injured party can no longer perform an important familial function. This is called “loss of consortium” and is its own claim.

Wrongful Death Claimants

With wrongful death claims in Dram Shop Act cases, only three types of claimants are permitted under Texas law:

  • Spouses
  • Natural or adopted children (does not include stepchildren)
  • Natural or adoptive parents (does not include stepparents)

Like personal injury cases, eligible family members of the victim or the deceased drunk driver can sue the bar for the wrongful death of their loved one.

Establishing Dram Shop Liability

If you want to file a successful claim against a bar or other drinking establishment under the Dram Shop Act, Texas law requires you to prove the following:

  • The bar served alcohol to someone who was clearly intoxicated
  • That person injured or killed someone due to their intoxicated state

Sometimes these elements can be difficult to prove, and few bars will actively assist you in proving that they were negligent. This is where assistance from an Austin personal injury firm can be invaluable.

If you or a loved one were seriously injured by a drunk driver, the Sharp Firm will help you hold the bar who over-served them accountable for their negligence. Our experienced Texas personal injury team will go the extra mile to obtain evidence that someone was over-served, such as obtaining receipts and camera footage and interviewing witnesses.

Over-service is a dangerous act, and when it happens, you or your loved one are entitled to damages. Contact us today for a free consultation.

Experiencing lower back pain after an auto accident

By Lance Sharp • June 13, 2018
Lower back problems are a common injury people can experience following an auto accident. It’s important to know what to look for so you can get the right treatment. You also want to legally protect yourself. Symptoms of a lower back injury The back is highly susceptible to injury after a person experiences sudden movement (jerking) and/or […] The post Experiencing lower back pain after an auto accident appeared first on The Sharp Firm.

What to do in the aftermath of a auto accident

By Lance Sharp • April 22, 2018
After a car or motorcycle accident occurs, a lot of commotion typically results as passerby, police, ambulances and/or tow trucks arrive on the scene. At first, you may not know what to do. You might also feel confused or frightened. These are normal feelings, but it’s important to try to not to panic and be […] The post What to do in the aftermath of a auto accident appeared first on The Sharp Firm.

What legal options do I have after a car accident injury?

By Lance Sharp • March 22, 2018
If you or a loved one has been injured in an accident caused by a negligent driver, this can have a significant and frightening impact on your life. While nothing can change what has happened, you do have legal options that can help to make your life less stressful. In cases of personal injury, you […] The post What legal options do I have after a car accident injury? appeared first on The Sharp Firm.

What are the top injuries caused in a motorcycle crash?

By Lance Sharp • February 19, 2018
Roughly 80% of motorcycle accidents result in serious injury across the United States. Comparatively, only 20% of car crashes will lead to severe injuries or death. The National Traffic Safety Administration reports that you are up to 26 times more likely to be killed while riding a motorcycle than in a passenger vehicle. There is very little protecting you […] The post What are the top injuries caused in a motorcycle crash? appeared first on The Sharp Firm.

What Should You Do After An Auto Accident?

By Lance Sharp • January 23, 2018
What are the proper steps to take after you have been in an auto accident? See below for a quick rundown of the proper steps to take.   Share this Image On Your Site

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The Five Stages of a Medical Malpractice Case

By Lance Sharp • January 9, 2018
Medical malpractice cases are often complex – they require thorough investigation, expert testimony (in most states), and can take a lot of time to resolve. Before a medical malpractice case even begins, it is imperative to select a skilled, experienced attorney to guide you through your case. A. – Preliminary Investigation Your attorney will need to collect […] The post The Five Stages of a Medical Malpractice Case appeared first on The Sharp Firm.

Vehicles Involved in Fatal Crashes by Maneuver Infographic

By Lance Sharp • January 2, 2018
Would you believe nearly 64% of fatal vehicle crashes occur while traveling in a straight line? It was hard to believe until we viewed the statistics ourselves. See below for the full information. Source: https://www-fars.nhtsa.dot.gov/Main/index.aspx Share this Image On Your Site



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Medical Malpractice in Texas: Statute of Limitations

By Lance Sharp • November 29, 2017
Texas law contains a protection mechanism to prevent stale claims from being litigated. It is called the statute of limitations. This places a time limit on when an action may be filed. It is based on the date of the incident and for most personal injury claims, it is two years. Most of the time, […] The post Medical Malpractice in Texas: Statute of Limitations appeared first on The Sharp Firm.

Why Hire a Personal Injury Attorney?

By Lance Sharp • November 15, 2017
If you are involved in a car, truck or motorcycle accident, you may have friends who insist that you can handle your claim on your own. This overlooks the advantages a personal injury attorney offers in the administration of your claim. When you hire an attorney for these matters you enjoy: Legal expertise. You will […] The post Why Hire a Personal Injury Attorney? appeared first on The Sharp Firm.

Wheels vs. Heels: Who Has Right of Way?

By Lance Sharp • October 10, 2017
In 2015 the National Highway Traffic Safety Administration (NHTSA) published a report stating that on average, a pedestrian was killed every 1.6 hours and injured every 7.5 minutes in traffic accidents in the United States. It also reported that after California and Florida, Texas had the third highest pedestrian fatality rate in the country. The […] The post Wheels vs. Heels: Who Has Right of Way? appeared first on The Sharp Firm.
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