Understanding Dram Shop Laws in the State of Texas
If you are injured due to an intoxicated person being overserved at an establishment that sells alcohol, you might be able to pursue liability against the bar or restaurant. Known as dram shop cases, proving legal responsibility in these situations can be challenging without the help of an experienced attorney.
At Fibich, Leebron, Copeland & Briggs, we have extensive experience holding licensed alcohol providers accountable for overserving patrons. Our lawyers have secured over $1 billion for injured parties in Houston and throughout Texas. If you suffered harm because a person was overserved, contact our office at (713) 751-0025 to book a free consultation.
What Evidence Is Needed in a Dram Shop Case?
In order to prove dram shop liability, you must show that the person who caused you injury continued to be served despite being obviously intoxicated. You must also prove that the person being overserved was the proximate cause of your injuries. It can extremely difficult to prove this without evidence.
Evidence that may support your dram shop liability case:
- Eyewitness testimony. Testimony from other credible people that witnessed the person’s intoxication level at the establishment or immediately before they arrived.
- Receipts. Receipts showing the amount of alcohol served to the person.
- Surveillance footage. Security video showing the patron entering or exiting the establishment or their behavior while sitting at the bar.
- Chemical breath or blood results. A chemical blood or breath test showing the person’s intoxication level may an important marker to help determine their blood alcohol concentration at the time of the accident.
- Expert witnesses. Testimony from expert witnesses may help to clarify confusing information about the person’s intoxication level or whether their intoxication caused your injuries. Expert witnesses may include toxicologists, forensic scientists, and other medical experts.
- Medical records. Medical records are a critical piece of evidence in providing the extent of your injuries.
It is essential to note that without the help of an attorney, it may be difficult to gain access to these critical pieces of evidence. It is important to act quickly as you may only have a limited amount of time to file a cause of action under the state’s dram shop laws.
Do Dram Shop Laws Apply to Minors?
Along with potential liability for overserving an obviously intoxicated person, a licensed provider of alcohol may also be legally responsible if they knowingly serve a minor who injures themselves or someone else as a result of their intoxication.
As with any dram shop case, it is in your best interest to consult with an attorney about your rights and your legal options for obtaining compensation related to your injuries.
Injured by an Intoxicated Person? Contact Our Office.
If you were injured by a drunk driver or another intoxicated person you may be able to pursue a claim for damages against an establishment that overserved them. Contact our office at (713) 751-0025 to discuss your case with an experienced attorney. All consultations are free and without obligation to retain our services. There are no fees unless we win; call now to book your case evaluation.
