If you’ve been injured by a drunk driver, you may have legal options beyond suing the driver themselves. Under Texas dram shop liability laws, bars, restaurants, and other alcohol-serving establishments can be held responsible for injuries caused by intoxicated customers. Understanding how Texas dram shop liability works is crucial if you’re seeking compensation for your injuries. This guide explains when bars can be held liable, what evidence you’ll need, and how to pursue a claim.
What Is Dram Shop Liability in Texas?
Dram shop liability refers to the legal responsibility that alcohol-serving establishments have for injuries caused by intoxicated patrons. In Texas, this liability is governed by the Texas Alcoholic Beverage Code § 2.02(b). The law allows injured victims to hold bars, restaurants, convenience stores, and other businesses accountable when they serve alcohol to someone who is obviously intoxicated.
The term “dram shop” comes from old English law and refers to any establishment that sells alcohol by the drink. Under Texas law, these establishments have a duty to avoid serving alcohol to people who are clearly too drunk to safely operate a vehicle or engage in other activities. When a business fails to meet this responsibility and someone gets hurt, the victim may have grounds for a dram shop claim.
Establishments that can be held liable include:
- Bars and nightclubs
- Restaurants with alcohol service
- Convenience stores and gas stations
- Hotels and resorts
- Any business licensed to sell alcohol
Why Choose Gibson Hill Personal Injury
At Gibson Hill Personal Injury, our attorneys focus on drunk driving accident cases throughout Texas. We know how to investigate these claims thoroughly. Additionally, we gather the necessary evidence and hold negligent establishments accountable. We work on a contingency fee basis, which means you don’t pay unless we recover compensation for you. Our goal is to help you get the justice and financial recovery you deserve while you focus on healing.
When Can a Bar Be Held Responsible?
For a bar or restaurant to be held liable under Texas dram shop law, two key conditions must be met. First, the establishment must have served alcohol to someone who was obviously intoxicated. Second, that service must have directly caused the injury you suffered.
The “obviously intoxicated” standard is central to dram shop liability in Texas. This doesn’t mean the person had to be falling down drunk. Instead, it means the bartender or server should have recognized clear signs that the customer had consumed too much alcohol. These signs include:
- Slurred or incoherent speech
- Impaired coordination or balance
- Bloodshot or glassy eyes
- Aggressive or erratic behavior
- Difficulty walking or standing
- Repeated ordering of drinks in a short time
The second requirement is causation. You must show that the bar’s service of alcohol directly led to the accident that injured you. This means proving that the intoxicated person left the bar and then caused the accident that harmed you. The closer in time the accident occurs after leaving the bar, the stronger your causation argument.
The Safe Harbor Defense
Texas law includes a Safe Harbor provision that protects bars and restaurants under certain circumstances. If an establishment can prove it followed specific procedures to prevent over-service, it may be protected from liability even if it served an obviously intoxicated person.
To qualify for Safe Harbor protection, a business must demonstrate that it:
- Completed TABC-approved employee training on alcohol service laws and regulations
- Implemented written policies to prevent over-service and illegal alcohol service
- Actively enforced those policies at the time of service
- Did not encourage or permit employee violations of alcohol service laws
The Safe Harbor defense protects bars from liability for employee violations of alcohol service laws when the establishment has proper training, policies, and enforcement in place. However, Safe Harbor is not a complete shield. If a bar served someone who was clearly intoxicated and that person caused an accident, the victim may still pursue a claim. The defense simply requires the establishment to prove it took reasonable precautions and actively enforced its policies.
Social Host Liability and House Parties
Texas dram shop law applies specifically to commercial establishments that sell alcohol. Social host liability, the liability of private individuals who serve alcohol, operates under different rules in Texas.
In Texas, social hosts are generally not liable for injuries caused by intoxicated guests, even if the host served them alcohol. However, there is one important exception: social hosts can be held liable if they serve alcohol to a minor who then causes injury. This exception recognizes that minors cannot legally purchase alcohol and that hosts have a special duty not to provide it to them.
If you were injured by a drunk driver who had been drinking at a house party, you would need to prove the host knowingly served alcohol to a minor. This is a much higher bar than the “obviously intoxicated” standard used for commercial establishments.
What Evidence Proves Dram Shop Liability?
Building a strong dram shop case requires gathering multiple types of evidence. The more evidence you can collect, the stronger your personal injury claim becomes.
Key evidence in dram shop cases includes:
- Surveillance footage from the bar showing the person’s condition and alcohol service
- Credit card receipts and bar tabs documenting drinks purchased
- Eyewitness testimony from other patrons or staff
- Police reports from the accident scene
- Medical records documenting your injuries
- Expert testimony about intoxication and impairment
- Cell phone records showing the person’s location
- Toxicology reports from the accident
Your attorney will work to preserve this evidence quickly. Surveillance footage, for example, is often recorded over after a short period. Police reports and medical records must be obtained through proper legal channels. Eyewitness testimony becomes harder to gather as time passes. Learn more about gathering key evidence after a car accident.
Damages You May Recover
If you successfully prove dram shop liability, you can recover compensation for the harm you’ve suffered. This includes both economic and non-economic damages.
Economic damages cover your actual financial losses:
- Medical expenses, including emergency care, surgery, and ongoing treatment
- Lost wages from time away from work
- Lost earning capacity if your injuries prevent you from working
- Property damage to your vehicle or other belongings
- Rehabilitation and therapy costs
Non-economic damages compensate you for your pain and suffering:
- Physical pain and discomfort
- Emotional distress and trauma
- Loss of enjoyment of life
- Scarring or disfigurement
- Reduced quality of life
Statute of Limitations for Dram Shop Claims
In Texas, you have two years from the date of your injury to file a dram shop lawsuit. This deadline is strict, and missing it means losing your right to pursue compensation.
The two-year clock starts on the date of the accident, not the date you discovered your injuries. If you were injured on January 15, 2024, you must file your lawsuit by January 15, 2026, regardless of when you realized the full extent of your injuries. Under Texas Civil Practice & Remedies Code § 16.003, this statute of limitations applies to all personal injury claims.
Acting quickly is important for several reasons. Evidence can disappear as time passes. Surveillance footage gets recorded over. Witnesses move away or forget details. Medical records become harder to obtain. The sooner you contact an attorney, the sooner we can begin preserving evidence and building your case.
Frequently Asked Questions
Can I sue a bar if the drunk driver was a regular customer?
Yes. Dram shop liability applies regardless of whether the person was a regular customer or a first-time visitor. What matters is whether the bar served someone who was obviously intoxicated and whether that service caused your injury. A regular customer’s familiarity with alcohol doesn’t change the bar’s responsibility to refuse service to someone who is clearly too drunk.
What if the bar claims they didn’t know the person was intoxicated?
The “obviously intoxicated” standard doesn’t require the bartender to be certain. It requires only that a reasonable person in that position should have recognized signs of intoxication. If someone was slurring their words, stumbling, or ordering multiple drinks rapidly, a reasonable bartender should have noticed. The bar cannot claim ignorance if the signs were obvious.
How much does a dram shop case typically cost?
Most personal injury attorneys, including Gibson Hill Personal Injury, handle dram shop cases on a contingency fee basis. This means you pay no upfront costs and no attorney fees unless we recover compensation for you. We cover the costs of investigation, expert witnesses, and filing fees. You only pay us a percentage of the settlement or judgment we obtain. Learn more about how much lawyers typically take from settlements.
How long does a dram shop lawsuit take?
The timeline varies depending on the complexity of your case and whether the bar’s insurance company is willing to settle. Some cases resolve within months through settlement negotiations. Others may take one to two years if the case goes to trial. Your attorney can give you a better estimate after reviewing the details of your specific situation. Discover more about why some personal injury cases go to trial.
Can I file a claim if I was injured by a drunk driver who left the bar hours earlier?
This depends on whether you can establish causation. If the person left the bar, drove for several hours, and then caused an accident, it becomes harder to prove the bar’s service directly caused your injury. The person may have consumed additional alcohol elsewhere or sobered up. However, if the accident occurred shortly after leaving the bar, causation is much easier to establish. Each case is unique, and an attorney can evaluate whether you have a viable claim.
Get Help With Your Dram Shop Claim
If you’ve been injured by a drunk driver, don’t wait to seek legal help. Gibson Hill Personal Injury has the resources to investigate your case, identify liable parties, and fight for the compensation you deserve. We understand Texas dram shop law and know how to hold negligent establishments accountable.
Contact Gibson Hill Personal Injury today for a free consultation. Call 713-659-4000 to speak with an attorney about your case. We’re here to help you get justice.
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