Ready to talk next steps with a Houston dram shop lawyer? We at Fibich, Leebron, Copeland & Briggs are here to help. Our experienced team understands the intricacies of dram shop liability claims, and we’re ready to stand up to big corporations and their insurance companies on your behalf.
Contact us today for a free consultation to see why individuals and families throughout Houston trust us with their legal needs.
Did you or someone close to you recently get hurt in an accident caused by someone who had too much to drink? If so, you might be understandably frustrated and curious about your recovery options. You probably know you could have grounds for a legal case against the drunk driver. But did you know you might also have a dram shop liability claim against the party or parties that overserved them?
Dram shop liability cases are injury claims that hold businesses or other parties liable if they over-serve alcohol to individuals who go on to harm others. Essentially, if certain entities serve alcohol to already-intoxicated persons who then cause injury accidents, those entities might be legally responsible for the consequences of their negligence.
But pursuing a dram shop liability claim is not easy. First, you must meet specific legal requirements and criteria to establish liability. Then there’s the fact that many “dram shops” are parts of larger corporations with significant legal and financial resources. This is why having a trusted Houston dram shop attorney by your side is essential.
At Fibich, Leebron, Copeland & Briggs, we can level the playing field and stand up to deep-pocketed companies to demand justice and fair compensation for you. With more than 100 years of combined experience in personal injury law, you can count on us to handle every aspect of your dram shop liability case while you recover from your injuries.
Don’t wait to get the help you need to pursue the recovery you deserve. Contact us today for your free initial consultation session with a dram shop lawyer in Houston.
Under Texas law, your case must meet the following conditions to have a successful dram shop claim.
First, you must prove that the individual who caused the accident was intoxicated at the time when the establishment served them. This means showing they displayed clear signs of intoxication that would be noticeable to the average person. You also need to show that it should have been apparent to the establishment that the individuals they served presented a clear risk to themselves and others.
Second, you must prove that the other person’s intoxication was a proximate cause of your injuries and related losses. This means you must establish a direct link between the individual’s intoxication and the harm you suffered.
In addition to dram shop liability for businesses that sell alcohol, Texas law also recognizes “social host liability.” Hosts can be liable if they provide alcohol at social events to minors under 18 who subsequently cause harm to others due to their intoxication. The minor doesn’t need to be intoxicated when the host serves them or permits them to be served for this liability to apply.
In dram shop liability claims, the focus is typically on the establishment rather than manufacturers or distributors supplying the alcohol. Alcohol companies are generally not liable under Texas Dram shop laws, as the legal duty to provide responsible alcohol service lies with establishments that serve it.
However, it’s important to consult with a Houston dram shop attorney. Your lawyer can thoroughly evaluate your case, as there could be exceptions, such as in cases involving defective products or misleading marketing practices.
Yes, you can sue a bar in a dram shop liability case if the bar serves alcohol to an intoxicated person who subsequently causes harm. Bars and other establishments that serve alcohol have a legal obligation to exercise reasonable care and not over-serve patrons. If a bar oversees a customer to the extent that they pose a danger to themselves and others, the bar could be liable in a dram shop case.
In an accident with an inebriated driver, liability might not rest solely with the intoxicated individual who caused the accident. Texas law allows you to file claims against other parties that contributed to the individual’s intoxication, such as:
With a successful dram shop liability claim, you could recover compensation for various losses you incur due to the accident with the intoxicated individual. Depending on the circumstances, you could demand money for the following types of personal and financial losses:
In a Texas dram shop liability claim, you must prove that the establishment knowingly served alcohol to an obviously inebriated person whose intoxication directly contributed to your injuries. Your lawyer might use some of the following types of evidence to build a solid case on your behalf:
Establishments that serve alcohol can shield themselves from certain legal consequences under Texas’ “safe harbor” provision. If businesses can prove they adhered to specified criteria, they can use the fact of their adherence as a defense strategy in dram shop liability claims.
Specifically, establishments must meet the following criteria to invoke the safe harbor provision defense in Texas:
This provision predominantly aims to shield the establishment’s license or permit from administrative sanctions by the TABC. Notably, it doesn’t apply to alcohol sales to members of private clubs. It also doesn’t protect employees who make unlawful sales from personal legal repercussions.
In Texas, you have two years from the date of the accident or injury to file most dram shop liability lawsuits. So, if you get hurt by an intoxicated person and believe an establishment is partially responsible due to over-serving the individual, you must sue within this two-year window. Prompt action is critical, as missing a deadline could result in the court dismissing your case, leaving you without legal recourse.
Given the complexity of dram shop cases, the time it takes to gather evidence, and the consequences of filing late, it’s wise to seek legal counsel as soon as possible.
If you got hurt in an accident involving an intoxicated person and believe an establishment’s negligent over-serving played a role, you should seek legal help immediately. A Houston dram shop lawyer can support you and your case by:
