Austin, TX, Dram Shop Lawyer

Call (512) 246-2224 to Speak with Dram Shop Lawyers for Free. 

After an accident occurs as a result of someone else’s negligence, the injured person may be distressed and confused about how to move forward. It is often difficult to know who is at fault and how to seek compensation for your potentially costly injuries.

If you or a loved one was involved with an injury with an intoxicated person, call the Zinda Law Group personal injury lawyers in Austin at (512) 246-2224 for a 100% free evaluation with our Dram Shop Attorneys.

What are Dram Shop Laws?

A dram shop is any establishment that is licensed to sell alcohol that is consumed on the premise. Examples of dram shops are bars and taverns. Dram shop liability refers to the laws that govern dram shops. Under dram shop laws, these drinking establishments have a responsibility to ensure that their patrons are not a danger to themselves or others. For example, if a bar continues to serve someone who is already intoxicated and the patron harms another person, not only could the drunk individual be held responsible, but the bar could be held responsible as well.

Licensee Rules

The general rule governing establishments that have a license to serve alcohol is governed by common sense. A bar, tavern, club, or any other dram shop may be held liable if they overserved someone so much that they posed a danger to themselves or others. Additionally, the injured person must prove that the intoxication was the foreseeable cause of the injury and that the intoxicated person was already obviously intoxicated to a dangerous degree.

A dram shop establishment may also be held liable if the alcohol was sold or given to a minor, and the minor injured another person. In that situation, the minor does not even have to be visibly intoxicated; the injury just must be a foreseeable cause of the injury.

Social Hosts Responsibility

In addition to dram shops, hosts of private parties who are over the age of 21 can be held liable if they serve someone who is under the age of 18. The server may not be the parent or guardian of the minor and must knowingly serve the minor or allowed the minor to consume alcohol on their property. In these incidents an injured person may have the ability to seek compensation not only from the minor who was drinking, but also from the adult who provided the alcohol.

If a minor acquires alcohol at an adult’s home or property, even if the property owners were not there, they may still be liable for any damages that occurred as a result of the minor’s drinking. In these situations, the plaintiff must prove that the property owner knew or should have known that minors would be drinking alcohol on the premises.

Bar Owner Liability for Drunk Driving Accidents

If an intoxicated person is involved in a drunk driving accident, the injured victim may be able to collect damages not only from the drunk driver, but also from the owner of the bar where the drunk driver left from as well.

Establishing Liability

In order to prove the dram shop is responsible for any injuries, the victim must prove that the establishment served a person who was visibly intoxicated and that the bar allowed the intoxicated person to leave when it would have foreseeably led to an injury. For example, if the dram shop establishment allows the intoxicated person to drive and they get in a wreck, the dram shop may be liable.

If the plaintiff can show that the bar served someone under the age of eighteen, they do not need to prove that the person was visibly intoxicated.

In Texas, a dram shop will only be held liable for a percentage of liability assigned to it determined by a jury. For example, if a jury determines that a dram shop was 75 percent responsible for the injury, the establishment would pay for 75 percent of the damages being sought by the injured party and the intoxicated person would pay for the other 25 percent of damages they caused.

What is the ‘Safe Harbor Defense’?

A dram shop may be protected from liability if they can prove they followed the guidelines set forth by the state in regards for safely serving patrons alcohol. The requirements are as follows:

• The employees have attended a Texas Alcoholic Beverage Commission-approved seller training program

• The owner did not directly or indirectly encourage their employees to violate the law.

A dram shop establishment may prove these facts by providing clear documentation of training and written policies that detail overserving patrons. An experienced dram shop attorney can help prove that the establishment did not follow these guidelines and therefore should compensate the injured party.

Legal Alcohol Limits in Austin

In Texas the legal limit for a 21-year-old operating a motor vehicle is .08%. For the average person, approximately 2-3 drinks per hour will put them over the legal limit. For a commercial driver, the legal limit in Texas is .04%. For those under the age of 21, any measurement of alcohol is considered to be over the legal limit.

For a bar or tavern to be considered liable for any injuries caused by an intoxicated person, that person must be considered to be obviously or visibly intoxicated and a clear danger to others. Even if a person is visibly intoxicated and are slurring their words the bar may not be considered liable if they continue to serve them. Other examples of visible intoxication would be lack of inhibitions, aggressiveness, and poor balance.