03/01/2022
WHAT IS DRAM SHOP LIABILITY?
If you are injured by a drunk driver, it may be possible to hold the alcohol provider responsible for your injuries. A dram shop injury claim seeks to hold a bar or alcohol provider legally responsible for furnishing alcohol to an individual who causes an alcohol-related accident and damages. Texas dram shop law provides that an alcohol provider can be held civilly liable for serving beverages to a person who is obviously intoxicated and poses a hazard to him/herself or others if the recipient’s intoxication was the proximate cause of another person’s damages. Dram shop liability means an alcohol provider or bar could be held accountable for a DWI Accident if it provided the at-fault party with the alcohol that caused intoxication.
WHO CAN BE HELD RESPONSIBLE?
Texas law defines an alcohol provider as anyone who sells or serves alcoholic beverages using an alcohol license or permit, or who otherwise sells alcohol to an individual. This broad definition means almost anyone who provides alcohol to another person – whether officially or just as a friend – could be responsible for what that person does while under the influence of the alcohol. This can include restaurants, bars, liquor stores, clubs, social hosts and individuals. Texas law imposes liability on normal people (read: not businesses) only when they serve alcohol to a minor who is not a member of their family. A social host may not be liable, however, if he or she was the parent, legal guardian or spouse of the intoxicated person, and if the intoxicated person was a minor. Likewise, a social host who serves alcoholic beverages to adult guests is not a provider.
