If you or a loved one has been injured in a crash involving a drunk driver in Texas, you may be aware that the intoxicated driver can be held liable for your injuries. However, what many people do not realize is that the business that served alcohol to the intoxicated individual may also be responsible under the Texas Dram Shop Act.
What Is the Texas Dram Shop Act?
The Texas Dram Shop Act allows individuals to hold licensed alcohol providers accountable when they serve alcohol to someone who is obviously intoxicated, and that person subsequently causes injury or death. Specifically, to establish liability, the injured party must show that:
At the time the alcohol was provided, it was apparent to the provider that the individual was obviously intoxicated to the extent that they presented a clear danger to themselves and others; and
The intoxication was a proximate cause of the damages suffered.
Recent Developments Impacting Texas Dram Shop Cases
In the case of Raoger Corporation v. Myers, the Texas Supreme Court recently made it more difficult for injured individuals and their families to recover under the Texas Dram Shop Act. Specifically, the Court held that evidence of an at-fault driver having a high blood alcohol content several hours after the accident or even that a bar served a driver a large number of drinks is not, by itself, sufficient evidence to allow an injured party to recover from the bar.
This recent case underscores that licensed establishments, such as restaurants, bars, and convenience stores, may be held liable under the Dram Shop Act, but that the injured party must present evidence that the at-fault driver was visibly intoxicated at the time he was served or sold alcohol.
Why This Matters for Injury Victims
The ever-evolving law interpreting the Texas Dram Shop Act can have a significant impact on whether an injured person recovers compensation for her injuries, so hiring an attorney experienced in representing clients in Dram Shop Act cases is crucial for victims of drunk driving accidents.
Turner-Monahan PLLC – Here to Support You
If you or a loved one has been injured by a drunk driver, do not wait. Schedule a free, no-obligation consultation with attorneys Tyler Monahan or Matthew McLain to discuss your case and explore your options. Let us help you achieve the justice and compensation you deserve.
At Turner Monahan PLLC, we are: Committed. Focused. Results.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written agreement.
