Socializing in the United States has many common denominators across the country — hosting cookouts by a pool, attending Super Bowl parties, and joining friends at happy hour, to name a few. And, while these events are enjoyable — and certainly sometimes even feel necessary — there are many instances where some individuals consume too much alcohol to drive safely. Granted, every state has laws regarding legal blood alcohol levels, but this doesn’t stop drunk drivers from getting behind the wheel. So, if you or a loved one was hurt by a drunk driver, can a bar or host be held liable?
What are Dram Shop Laws?
A dram shop is a commercial establishment that serves alcohol. Chapter 2 of the Texas Alcoholic Beverage Code establishes civil liabilities for serving alcoholic drinks — on both dram shops as well as social hosts. While a person who was injured by a drunk driver can still file a lawsuit against the driver personally, Texas law allows a hurt party to also file suit against a vendor of alcohol. These vendors are referred to as providers and include any person who sells or serves an alcoholic beverage under the authority of a license or permit.
For a provider to be held liable for these types of accidents, they must meet two requirements:
- At the time the alcohol was served, it was apparent to the provider that the patron was obviously intoxicated to the extent that he presented a clear danger to himself and others.
- The intoxication of the recipient was the proximate cause of the damages suffered.
In addition, Texas law imposes liability on adults who are 21 years of age or older for damages caused by a minor. But, this only applies if:
- The adult is not the minor’s parent, guardian, or spouse; or if the custody of the minor had been deposited on the adult by a court.
- The adult knowingly served alcohol to the minor or allowed the minor to be served alcohol on the premises owned or leased by the adult.
Therefore, in addition to being able to hold bars and restaurants liable for the damages caused by a drunk driver, you can also do the same if the person serving alcohol was hosting a social event. But similar to other cases, you’ll have to prove fault.
How to Prove Fault?
The way to prove fault is through a process called discovery. It involves gathering as much evidence as possible from the day in question. This can include witness testimony — from other bar patrons or guests at a social event — surveillance footage of the commercial establishment, and taking the deposition (sworn statements) of the provider or host.
Once fault has been established, you can seek to recover all related losses — including medical bills, lost wages, loss of earning capacity, car repairs, personal property repairs, future medical bills, loss of consortium, and pain and suffering.
Civil Litigation Attorneys in Texas
If you were injured in an auto accident and want to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.
This blog is for informational purposes only and does not create an attorney/client relationship.