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Details of the Texas Dram Shop Act
Learn more about the Texas legislation that allows parties injured by intoxicated persons to sue over-serving establishments.
September 03, 2011 /Government PR News/ -- Texas' first codified dram shop legislation went into effect in 1987. A "dram shop" is the term historically used to describe any establishment that serves alcoholic drinks, a dram being a liquid measurement equivalent to an eighth of an ounce.
Since that time, Texas liquor regulations have gone through numerous modifications, repeals, and reenactments. Today, the law known as the Texas Dram Shop Act, Section 2.02 of the Texas Alcoholic Beverage Code, allows some injured plaintiffs to bring lawsuits against liquor establishments that contributed to accidents caused by drunk driving.
Bar Owners May Be Liable for Drunk Driving Accidents
Under the Dram Shop Act, any establishment that sells or serves alcohol under authority of a liquor license, or any individual who sells an alcoholic drink may be sued for damages arising from over-serving.
In order for a cause of action under the Texas Dram Shop Act to be successful, a plaintiff must offer proof that, at the time the alcohol was provided, the individual who later caused harm was obviously intoxicated to the point that he or she presented a clear danger. Additionally, someone who was injured in a Texas drunk driving accident must show that intoxication was a "proximate cause" of the damage caused by the over-served individual, meaning that the intoxication must have been sufficiently related to the injury suffered.
Adults Serving Minors
The standards governing suits against an adult who knowingly serves alcohol to a minor under the age of 18 are even less lenient. Anyone over 21 -- other than the minor's parent or legal guardian -- who provides alcohol to a minor or allows a minor to be served alcohol on his or her premises may be held responsible for damages arising out of the minor's intoxication, whether or not obvious intoxication was present at the time of serving.
It should be noted that the Texas Dram Shop Act in no way limits the ability of an injured party to also sue the intoxicated person who caused them harm.
Reasons for Enactment
In 1987, the Texas Supreme Court's decision in El Chico Corp. v. Poole held that alcohol providers had a duty not to serve obviously intoxicated individuals. Just one week after that decision, the Texas Dram Shop Act became effective. The act and subsequent court decisions set up a framework for fairly distributing blame and responsibility between intoxicated persons who caused harm and the alcohol providers who over-served them.
Insurance Requirements to Obtain a Liquor Permit
Some Houston personal injury attorneys have been pushing the Texas legislature for the last 25 years to require an applicant who wishes to obtain a liquor license to show proof of insurance similar to what you have to do when you get your driver's license. Unfortunately, the liquor lobby has blocked such proposals and an applicant does not have to show proof of insurance to obtain a liquor permit in Texas. This can affect a drunk driving accident victim's ultimate recovery under the Texas Dram Shop Act.
If you have been injured in a Houston drunk driving accident -- or a serious accident anywhere in Texas -- caused by an intoxicated individual, contact an attorney to explore the remedies that may be available to you under the Texas Dram Shop Act.
Article provided by The Law Firm of Alton C. Todd
Visit us at www.altontodd.com
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