Dram Shop Cases
Overserving of alcohol at a restaurant or bar can lead to devastating and deadly effects, including dangerous driving and road conditions.
Texas Law on Dram Shops
Texas laws, known collectively as the Texas Dram Shop Act, prohibits sellers of alcohol from serving an individual who is already obviously intoxicated. Under the Texas Dram Shop Act, a seller of alcohol can be help liable and responsible if:
- At the time the provider sold or served the alcohol it was apparent to the provider that the recipient was obviously intoxicated to the extent he presented a clear danger to himself and others, and
- The intoxication of that individual proximately caused the damages suffered.
When you have been harmed either by someone overserving you or whether you have been harmed by the overserving of someone else, you need and deserve a lawyer to fight for compensation and to hold the establishment responsible.
Texas Safe Harbor Defense
Under Texas law, an establishment can avoid liability for dram shop cases if it:
- Requires their employees to take a two-hour training course from the Texas Alcoholic Beverage Commission on alcohol serving and awareness;
- The employee who serves does, in fact, take the course, and;
- The employer does not directly or indirectly encourage the overserving of alcohol by the employees.
In order to navigate this complex area of Texas Dram Shop law, you need an experienced litigator and trial attorney on your side. If you or someone you know has been harmed by the overserving of alcohol, we can help.