Snellings Law PLLC Attorneys are Personal Injury Trial Attorneys
Dram Shop Accidents
We always hear about tragic drunk driving crashes. Someone who has too much to drink and then drives home recklessly and hurts someone. We read these stories and blame the drunk driver for their irresponsible behavior – and rightly so. Has it ever crossed your mind that the bar or restaurant that provided the alcohol could also be held responsible? Well, there is an area of tort law where these “dram shops” can be held responsible.
Dram shop law is tricky territory, and not everyone knows it exists, or what “dram shop” means. A dram was a measurement used by old taverns to serve alcohol, but the law applies to liability of public establishments that serve alcohol to obviously intoxicated or underage patrons that go on to injure themselves or others.
That’s right – the intoxicated person may have a claim against the bar or restaurant as well. Dram shop lawyers understand this tricky territory and the urgency of gathering evidence immediately.
How do injuries occur by dram shop?
The typical method of injury we see in dram shop actions is from drunk driving. Drunk driving causes slower reaction times which can cause catastrophic accidents. A collision with another vehicle at high speeds can cause permanent traumatic brain injury or other serious injuries from impact alone. Debris injuries are also common in catastrophic accidents- shrapnel can cause life changing injuries in seconds.
In Texas, the law states the plaintiff must prove the place of sale sold the at-fault party alcohol when they were obviously intoxicated to the point that they were a danger to themselves or others.
This can be the most difficult part of the claim. Oftentimes, the dram shop attorney will have to prove the at-fault party’s intoxication through circumstantial evidence – witnesses, bar tabs, video, TABC investigation, etc. Obviously, this means time is of the essence.
Texas also doesn’t have strict liability laws, meaning the establishment does not have to pay the full bill every time. Instead, the jury will decide a proportion of responsibility for the bar or establishment. For example, the jury may find a bar 75% responsible for an accident, while the jury believes the plaintiff should be responsible for the other 25% for driving while intoxicated.
If you would like to learn more see our Dram Shop page here.
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At Snellings Law PLLC, our practice focuses solely on personal injury claims. We defend our clients from insurance companies and adjusters trying to limit their claims daily. We have successfully handled cases of all sizes, including traumatic brain injury, spinal cord injuries, paralysis, amputation, and wrongful death claims. If you or a loved one has been injured due to someone else’s negligence, call Snellings Law PLLC to set up your free appointment today.
