Texas Alcoholic Beverage Code Chapter 2 allows an injured person to hold a licensed alcohol provider liable when it serves a customer who was obviously intoxicated to the point of presenting a clear danger, and that customer then causes injury.
What the Dram Shop Act Covers
This matters because a drunk driver's personal insurance is often far too small to cover a catastrophic crash. A bar, restaurant, or club's commercial policy may provide an additional and often larger source of recovery.
Proving an Over-Service Claim
Dram shop cases require proof that the patron was visibly, obviously intoxicated when served. Evidence can include surveillance video, receipts and point-of-sale records, server testimony, and witness accounts of the patron's behavior.
Texas also recognizes claims against social hosts in narrow circumstances, particularly when adults serve alcohol to minors.
Act Quickly to Preserve the Proof
Bar video is often overwritten within days or weeks, and receipts can disappear. If a drunk driver hurt you or killed a loved one in Texas, an early investigation can secure the evidence a dram shop claim depends on. Call 973-566-5599 for a free review.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.