When a drunk driver causes an accident, the immediate focus is on their poor decision and the harm it has caused. The pain and disruption to your life can be immense, and it’s natural to believe the driver is the only one responsible. However, Texas law sometimes looks further, to the source of the alcohol. In certain situations, a bar, restaurant, or even a private individual who provided the alcohol can be held accountable for the resulting injuries.
Texas dram shop liability and social host responsibility laws exist to promote public safety by encouraging responsible alcohol service. When an establishment or individual fails in this duty, they may share in the responsibility for the consequences; something a personal injury lawyer can help you understand and navigate.
Key Takeaways about Texas Dram Shop Liability and Social Host Responsibility Laws
- Texas law, known as the Dram Shop Act, allows businesses that sell alcohol to be held liable for injuries caused by an intoxicated patron.
- Liability can be established if the business served alcohol to a person who was already “obviously intoxicated” to the point of being a clear danger.
- Social hosts are generally not liable for injuries caused by intoxicated adult guests they serve.
- An exception for social hosts exists when they knowingly provide alcohol to a minor under the age of 18, who then causes a vehicle accident.
- A successful claim can provide compensation for medical bills, lost income, and pain and suffering.
What is Texas Dram Shop Liability?
The term “dram shop” might sound old-fashioned, and that’s because it is. It comes from a time when establishments sold spirits by a measurement called a “dram.” Today, the term refers to any commercial business that sells alcoholic beverages, such as bars, restaurants, and clubs.
Texas Dram Shop law states that an alcohol provider can be held liable for damages caused by an intoxicated customer if two key conditions are met:
- At the time the alcohol was provided, it was apparent to the provider that the individual being served was “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
- The intoxication of the person who was served was a “proximate cause” of the damages suffered. A proximate cause is a primary or direct reason that an injury occurred.
This means you can’t hold a bar responsible just because someone had a few drinks there and later caused a crash. You must be able to show that the bartenders or servers continued to provide alcohol even after it should have been clear that the person was dangerously drunk.
For example, imagine a person at a bar in Arlington’s entertainment district who is slurring their words, stumbling, and being disruptive. If the bartender continues to serve them alcohol, and that person then gets in their car and causes a serious collision on I-30, the bar could be held partially responsible for the injuries under Texas dram shop liability laws. This legal principle holds businesses accountable for prioritizing profits over the safety of the community.
What Does “Obviously Intoxicated” Mean in Texas?
The term “obviously intoxicated” is central to any dram shop case. It is a standard based on what a reasonable person would observe. While a breathalyzer or blood test can prove someone was legally intoxicated, that evidence alone doesn’t prove they were obviously intoxicated when they were last served.
Evidence that can help establish someone was obviously intoxicated includes:
- Physical signs: Stumbling, swaying, struggling to stand up or sit on a barstool, or fumbling with their wallet or keys.
- Speech patterns: Loud, aggressive, or incoherent speech, slurring words, or having trouble forming sentences.
- Behavioral indicators: Spilling drinks, dropping items, becoming overly emotional or argumentative, or having a noticeable lack of coordination.
Proving that a server or bartender witnessed these signs is a critical part of a successful dram shop claim. Because this can be challenging, gathering evidence as soon as possible is crucial for building a strong case.
Proving Liability in a Texas Dram Shop Case
Holding an establishment accountable requires more than just knowing the law; it requires strong evidence. Since bars and restaurants are unlikely to admit they over-served a patron, your legal team must work to uncover the facts and piece together what happened.
The sooner an investigation begins, the better the chances of preserving key evidence before it disappears. Video footage is often deleted, and witnesses’ memories can fade.
Essential pieces of evidence in these cases often include:
- Video Surveillance: Many establishments have security cameras inside and outside. This footage can be the most powerful evidence, showing the patron’s behavior and their interactions with staff.
- Witness Statements: Testimony from other patrons, employees, or anyone who saw the person drinking can help paint a clear picture of their level of intoxication.
- Sales Receipts: Credit card statements and itemized receipts can show how many drinks the person purchased and over what period. This can help establish an irresponsible pattern of service.
- Police Reports: The accident report will often contain the at-fault driver’s blood alcohol concentration (BAC) and the officer’s observations of their state at the scene. While a high BAC doesn’t prove obvious intoxication, it is an important piece of the puzzle.
Gathering and analyzing this information allows an attorney to build a timeline and demonstrate that the provider knew, or should have known, that the person was a danger to the community yet continued to serve them anyway.
Social Host Responsibility in Texas: A Different Standard
What happens when the person who caused the accident was drinking at a private residence, like a backyard barbecue or a holiday party? This is where social host responsibility laws come into play, and in Texas, the rules are very different from dram shop liability.
Generally, a social host who serves alcohol to an adult guest (18 or older) cannot be held liable for any injuries that the guest may cause. If you host a party for your adult friends and one of them drives drunk and causes a crash, you are typically not legally responsible for the damages.
However, this protection disappears when minors are involved. Texas law holds adults to a much higher standard when they provide alcohol to individuals under the age of 18. This is one of the most significant exceptions to the general rule of social host immunity.
When Can a Social Host Be Held Responsible?
An adult social host can be held liable for damages caused by an intoxicated minor if they are not the minor’s parent or legal guardian and they knowingly provide alcohol to them.
According to the Texas Alcoholic Beverage Code, a person aged 21 or over can be held responsible if they:
- Knowingly serve or provide alcoholic beverages to a minor under the age of 18.
- Allow a minor under 18 to consume alcohol on their property.
Consider a scenario where someone hosts a high school graduation party in Tarrant County. If the host knowingly allows teenagers to drink beer and one of the 17-year-old guests leaves the party, runs a red light, and injures another driver, the adult host could be held financially responsible for the victim’s injuries.
This law is designed to protect young people and the public from the dangers of underage drinking and driving. It places a clear duty on adults to act responsibly and prevent minors from accessing alcohol.
What Kind of Compensation Can Be Recovered in a Dram Shop Case?
If you have been injured or lost a family member due to the actions of an over-served driver, a successful dram shop or social host liability claim can provide financial resources to help you put your life back together. The goal of this car accident compensation, legally known as “damages,” is to cover the various losses you have suffered because of the accident.
While every case is unique, the types of compensation that may be available include:
- Medical Expenses: This covers all costs related to your injuries, including emergency room visits, hospital stays, surgeries, physical therapy, medication, and any future medical care you may need.
- Lost Wages: If your injuries prevent you from working, you can recover the income you have lost. This can also include compensation for a diminished ability to earn money in the future if you have a long-term or permanent disability.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
- Wrongful Death Damages: In the tragic event that a loved one is killed, their family may be able to file a claim to cover funeral and burial expenses, loss of the deceased’s income and support, and loss of companionship and guidance.
These financial resources can provide stability during a difficult period, allowing you and your family to focus on healing instead of worrying about mounting bills.
The Challenges of Texas Dram Shop and Social Host Cases
Pursuing a dram shop or social host liability claim can be a complicated process. These cases often face strong opposition from the insurance companies representing the bar or host. The insurance company’s goal is to pay as little as possible, and they will often argue that their client did nothing wrong.
Common defenses in these cases include:
- Denying the person was “obviously intoxicated”: They might claim the person seemed fine and showed no visible signs of impairment.
- Claiming the person’s intoxication wasn’t the cause: They may argue that another factor, like speeding or distracted driving, was the true cause of the accident.
- “Safe Harbor” Defense: For businesses, Texas law provides a defense if they can prove their employees attended a TABC-approved seller-server training program. However, this defense can be overcome if it can be shown that the employer encouraged over-service despite the training.
Drunk driving remains a serious problem in our state. According to the Texas Department of Transportation, there were nearly 18,000 DUI-alcohol-related traffic crashes in Texas in one recent year, resulting in 580 fatalities and 2,463 injuries. Statistics from the National Highway Traffic Safety Administration (NHTSA) further confirm that drunk driving accidents are a leading cause of death on our nation’s roads. Given the scale of this issue, holding all responsible parties accountable is a vital part of promoting public safety.
Successfully handling these challenges requires a thorough investigation and a deep understanding of Texas law. An experienced personal injury attorney can gather the necessary evidence, anticipate the defense’s arguments, and build a compelling case on your behalf.
Texas Dram Shop Liability and Social Host Responsibility FAQs
We’ve gathered some common questions about holding alcohol providers accountable in Texas.
In Texas, the statute of limitations for personal injury cases, including dram shop claims, is generally two years from the date of the injury. It is very important to act quickly, as waiting too long can prevent you from ever being able to file a claim, regardless of how strong your case is.
Typically, no. Adults who are voluntarily intoxicated cannot sue an establishment for injuries they cause to themselves. The law is designed to protect innocent third parties who are harmed by the actions of an intoxicated person, not the intoxicated person themself.
Yes, dram shop liability can apply to any business with a license to sell alcohol for off-premise consumption, like a liquor or grocery store. If they sell alcohol to a person who is already obviously intoxicated, they could be held liable for any subsequent harm that person causes.
A bar or restaurant has a responsibility to properly train its staff. If an establishment’s employees have not completed a Texas Alcoholic Beverage Commission (TABC)-approved seller-server training program, it can weaken their defense in a dram shop case. It may suggest a pattern of negligence on the part of the business owner.
Yes. If a person is killed in an accident caused by an over-served individual, certain surviving family members—such as a spouse, children, or parents—can file a wrongful death lawsuit that includes a dram shop claim against the responsible establishment. This allows the family to seek compensation for their financial and emotional losses.
Yes, it is common to pursue a claim against both the at-fault drunk driver and the establishment that overserved them. This ensures that all responsible parties are held accountable for their role in causing the accident and your injuries.
Speak with a Dedicated Arlington Personal Injury Attorney
Dealing with the consequences of a drunk driving accident is a difficult and painful experience. When you discover that a bar or social host may have contributed to the incident, it can add another layer of complexity to an already challenging situation. You need an advocate who understands these laws and can fight for the accountability you deserve.
At Branch & Dhillon, P.C., our practice is focused on helping people who have been injured. We understand the physical, emotional, and financial burdens you are facing. Our personal injury attorneys are committed to providing compassionate and determined legal representation. While you focus on your physical recovery, we will handle the legal details of your case, from investigation to negotiation. We take cases on a contingency basis, which means you pay no upfront fees, and we only get paid if we successfully recover compensation for you.
Contact Branch & Dhillon, P.C. today at (817) 533-3430 or through our online form for a free consultation to discuss your case and learn more about your legal options.