An Overview of the Dram Shop Laws in Texas
According to statistics compiled by the Centers for Disease Control (CDC), about one in every three motor vehicle accidents involves a drunk driver. In 2020 alone, nearly 12,000 people died nationwide in motor vehicle accidents caused by impaired drivers. That’s more than 30 every day… about one every 45 minutes.
If you’ve been hurt in a crash caused by an impaired driver, what are your rights? Can you sue a bar for serving too much alcohol to someone who subsequently caused an accident, resulting in your injury?
Are Bars and Bar Owners Potentially Liable in Texas for Overserving a Patron Who Subsequently Causes an Accident
This type of liability is governed by the Texas “dram shop” law. Dram shop laws originated in the days when liquor was sold by the dram (⅛ of a fluid ounce). The dram shop law in Texas applies to two types of potential defendants:
- Individuals or establishments with a license or permit to sell or serve alcohol
- Individuals or establishments who in fact sell alcohol to another person
The Texas dram shop law specifically provides for liability when both of the following can be proven:
- A reasonable person would have concluded that the patron was obviously intoxicated and posed a clear danger to himself or others; and
- The patron’s intoxication resulted in injury or loss to another person.
Can a Texas Bar Be Liable for Damages Based Purely on the Number of Drinks Served?
An argument can be made that the consumption of a certain number of drinks within a certain period of time necessarily leads to intoxication. In fact, some other states follow this principle, finding a bar liable if a reasonable person would conclude that the number of drinks served in the given period of time would necessarily cause inebriation or impairment. Texas does not follow that legal standard.
In Texas, the standard for holding a bar responsible for injuries caused by a drunk driver is “obvious” intoxication. For there to be liability, the person serving alcohol must observe some behavior or activity by the patron that would reasonably lead to conclude that the patron was impaired. That may take the form of slurred speech, incoherence, stumbling or falling down, or other common characteristics of intoxication.
Furthermore, there is no liability on the part of the bar in Texas based on whether a reasonable person should have observed acts of impairment or intoxication. An injured party must show that the bar employee actually observed behavior that a reasonable person would construe as evidence of impairment. Without evidence that a bar employee actually observed the defendant behaving in a manner that could reasonably be considered evidence of impairment, there can be no liability.
Contact the Experienced Dram Shop Liability Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have fought for the rights of injured people in Texas for more than 40 years, including people hurt in accidents caused by impaired drivers. We have a comprehensive understanding of the dram shop laws governing liability when bars and bar employees serve patrons too much alcohol.
In our 40+ years in practice, we have recovered hundreds of millions of dollars in compensation for personal injury clients. We know how to effectively investigate and litigate an alcohol-related motor vehicle accident injury claim to maximize your recovery. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
