If you or a loved one suffered an injury in a drunk driving accident, you can take legal action against more than just the driver who injured you. Of course, you can file a claim against their insurance or a lawsuit against them, but Texas law gives you additional potential defendants based on the circumstances of your case.
You can file a lawsuit against the establishment that sold alcohol if you know where the driver was drinking or purchased alcohol before the crash. However, you cannot hold them strictly liable for selling the alcohol that intoxicated the driver. You must prove that they sold alcohol to a visibly intoxicated person for you to obtain financial compensation.
Dram shop lawsuits are always very factually complex. It can be difficult to trace where the driver bought alcohol and to prove that the seller knew (or should have known) that the buyer was intoxicated.
To have the best possible chance of winning your case, you should hire an experienced drunk driving accident attorney to file your claim, both against the responsible driver and the seller of the alcohol.
Injured drivers have sometimes achieved significant financial recoveries from establishments or liquor stores that placed profits over people. Still, you will likely only get compensation from the dram shop with a determined lawyer and decisive proof.
Texas Dram Shop Liability Law
Chapter 2 of the Texas Alcoholic Beverage Code sets the dram shop laws. These laws make it illegal for establishments to serve alcohol to visibly intoxicated individuals who pose a danger to themselves or others. The statute applies to all licensed sellers, including bars, liquor stores, and restaurants.
Who You Can Sue in a Dram Shop Lawsuit in Texas
Under the Texas Dram Shop law, you can sue establishments such as bars, liquor stores, or even private individuals acting as social hosts who provide alcohol irresponsibly. Employers can also be held liable for their employees’ actions under respondeat superior.
Establishing Dram Shop Liability in Texas
Proving dram shop liability involves demonstrating that the establishment knowingly served alcohol to an intoxicated individual. Evidence such as surveillance footage, eyewitness testimony, or receipts can substantiate your claim. An experienced attorney can ensure this evidence is preserved and effectively presented.
Types of Damages in Dram Shop Cases
In a dram shop case, you may recover compensation for medical expenses, lost wages, pain and suffering, and potentially punitive damages, depending on the severity of negligence.
Why You Need an Attorney in a Dram Shop Case
Dram shop cases are legally complex, involving nuanced statutes and evidentiary challenges. A skilled attorney can help navigate these difficulties, negotiate with insurance companies, and secure the compensation you deserve.