Texas Dram Shop Laws: Holding Bars Accountable

We've all seen it. Someone at a bar or restaurant has clearly had too many. They're slurring their speech, stumbling toward the door, and then they do the unthinkable: they get behind the wheel.

When that person causes a crash, the driver is obviously responsible. But in Texas, they might not be the only one responsible. Under the Texas Dram Shop Act, the establishment that overserved them can also be held liable for the damages.

What Is a Dram Shop Claim?

A "dram shop" is an old legal term for any establishment that sells alcoholic beverages -- bars, restaurants, clubs, even some event venues. Under the Texas Alcoholic Beverage Code, these establishments have a legal duty not to serve alcohol to someone who is "obviously intoxicated to the extent that they present a clear danger to themselves and others."

If a bar keeps serving someone who is visibly drunk, and that person leaves and causes a crash that injures someone, the injured party may be able to bring a claim not just against the drunk driver, but against the bar as well.

Why This Matters

In many DWI crash cases, the drunk driver may not have enough insurance to cover the full extent of the damages. A dram shop claim opens up an additional source of recovery -- the establishment's commercial liability insurance -- which often has much higher policy limits.

What You Need to Prove

To bring a successful dram shop claim in Texas, you generally need to show:

1. The establishment sold or served alcohol to the person who caused the crash.
2. That person was obviously intoxicated at the time they were served.
3. The intoxication was a proximate cause of the injuries or damages.

These cases can be complex, but evidence like bar tabs, surveillance footage, witness testimony, and toxicology reports can all help build a strong claim.

If you or a loved one has been injured by a drunk driver, don't assume the driver is the only one responsible. There may be more to the story -- and more options for recovery than you think.