In Texas, drunk driving accidents are a significant cause of injury and death, affecting countless lives each year. While the focus of such tragedies often falls on the intoxicated driver, the law also holds another party responsible: the bar or establishment that served alcohol to the driver. Under Texas law, bar owners and other establishments can be held liable for damages caused by intoxicated patrons in certain circumstances. This area of law is known as “dram shop liability” or “dram shop law.”
Below, the personal injury lawyers at Kherkher Garcia will explore the concept of bar owner liability for drunk driving accidents in Texas, explaining how the state’s dram shop laws work, the potential legal consequences for bar owners, and the steps victims of drunk driving accidents can take to seek compensation.
Understanding Texas Dram Shop Laws
Dram shop laws are a set of legal rules that hold alcohol-serving establishments liable for injuries and damages caused by intoxicated individuals. In Texas, these laws are outlined in the Texas Alcoholic Beverage Code, specifically Section 2.02, which governs the liability of bars, restaurants, and other alcohol-serving establishments when they serve alcohol to individuals who cause harm as a result of intoxication.
The primary goal of Texas dram shop laws is to prevent alcohol-related accidents, including drunk driving crashes, by encouraging establishments to act responsibly when serving alcohol. The law aims to hold bar owners accountable if they serve alcohol to patrons who are clearly intoxicated or if they serve alcohol to minors.
When Can a Bar Owner Be Held Liable?
Under Texas law, a bar or establishment can be held liable for a drunk driving accident if the following conditions are met:
- The bar served alcohol to a visibly intoxicated person. The establishment must have continued to serve alcohol to someone who was clearly intoxicated. Visible signs of intoxication can include slurred speech, lack of coordination, aggressive behavior, or difficulty standing. It is the bar staff’s responsibility to recognize these signs and stop serving alcohol to the patron.
- The intoxicated person posed a clear danger to themselves or others. The bar must have continued serving alcohol despite knowing that the patron was a danger to themselves or others. For example, if a bar continues to serve a patron who is planning to drive home despite being visibly intoxicated, the bar may be held liable for any accidents the patron causes.
- The intoxicated person caused injury or damage after leaving the bar. To establish liability, there must be a direct link between the service of alcohol and the subsequent drunk driving accident. If the intoxicated patron leaves the bar and causes an accident, the injured party may have a valid claim against the bar owner.
It is important to note that dram shop liability also applies to establishments that serve alcohol to minors, regardless of whether the minor appeared intoxicated. Texas law strictly prohibits serving alcohol to anyone under the age of 21, and violations can result in both criminal and civil liability.
Proving a Dram Shop Case in Texas
Proving liability in a dram shop case can be challenging, as it requires demonstrating that the establishment was negligent in serving alcohol to the intoxicated patron. The following elements must be established to hold a bar owner liable for a drunk driving accident:
- Proof of Service of Alcohol: The plaintiff must show that the bar or establishment served alcohol to the intoxicated driver. This can be done through witness testimony, security footage, receipts, or other evidence that demonstrates the intoxicated individual was served alcohol at the establishment before the accident occurred.
- Visible Intoxication: The plaintiff must demonstrate that the patron was visibly intoxicated at the time they were served alcohol. This can involve testimony from witnesses who observed the patron’s behavior. It can also involve experts who can testify about the signs of intoxication that should have been obvious to the bar staff.
- Causation: Finally, the plaintiff must establish that the drunk drivers intoxication directly caused the accident. This typically involves showing that the driver’s blood alcohol concentration (BAC) was above the legal limit at the time of the accident. This can be determined through police reports and toxicology results.
The Safe Harbor Defense for Bar Owners
Texas law provides a defense for bar owners known as the Safe Harbor Defense. This defense allows a bar or establishment to avoid liability if they can prove the following three elements:
- The bar has proper training programs. The establishment must provide alcohol awareness training to its employees, specifically focusing on how to recognize intoxication and how to refuse service to visibly intoxicated patrons. This training typically occurs via programs from the Texas Alcoholic Beverage Commission (TABC).
- The employee involved was trained. The establishment must prove that the employee who served the intoxicated patron had completed the required TABC training.
- The establishment did not encourage violations. The bar owner or management must not have encouraged or required the employee to violate the law by serving an intoxicated patron. If it can be shown that the bar pressured the employee to keep serving alcohol, the safe harbor defense will not apply.
If a bar owner can successfully prove the safe harbor defense, they may be shielded from liability for damages caused by an intoxicated patron. However, if the defense fails, the establishment may be held liable for significant damages.
Damages in Dram Shop Lawsuits
Victims of drunk driving accidents caused by intoxicated patrons may be entitled to various forms of compensation under Texas dram shop laws. Potential damages include:
- Medical expenses: Compensation for hospital bills, surgeries, rehabilitation, and other medical treatments related to injuries sustained in the accident.
- Lost wages: Reimbursement for income lost as a result of the victim’s injuries, as well as compensation for future lost earning capacity if the injuries prevent the victim from returning to work.
- Pain and suffering: Non-economic damages for the physical pain, emotional distress, and psychological trauma caused by the accident.
- Property damage: Compensation for damage to the victim’s vehicle or other property involved in the accident.
- Wrongful death: If the accident resulted in the death of a loved one, surviving family members may be entitled to wrongful death damages, including funeral expenses, loss of financial support, and loss of companionship.
How a Personal Injury Lawyer Can Help
Dram shop cases are complex and require thorough investigation and legal expertise. For victims of drunk driving accidents in Texas, working with an experienced personal injury lawyer can be crucial to holding a bar or establishment accountable for their role in the accident.
At Kherkher Garcia, our lawyers provide the following assistance to victims:
- Investigate the accident: A lawyer can gather evidence to prove that the intoxicated driver was served alcohol at the bar and that the bar staff acted negligently in serving an intoxicated patron.
- Determine liability: The attorney will assess whether the bar owner, staff, or other parties may be liable for the victim’s injuries.
- Negotiate with insurance companies: Insurance companies often try to minimize payouts in dram shop cases. An attorney can negotiate with the insurer to secure a fair settlement for the victim.
- Represent the victim in court: If a settlement cannot be reached, the attorney can file a lawsuit on the victim’s behalf and represent them in court to pursue maximum compensation.
If you or a loved one has been injured in a drunk driving accident involving an intoxicated patron, it is essential to consult with a knowledgeable personal injury lawyer to explore your legal options and seek the compensation you deserve.
By understanding the legal responsibilities of bar owners and the rights of victims, you can take the necessary steps to hold negligent establishments accountable and pursue justice after a devastating accident.
Getting Help After Drunk Driving Accidents
If you or a loved one has been injured in a drunk driving accident, the legal team at Kherkher Garcia is here to help. Drunk driving can cause devastating injuries, emotional trauma, and significant financial burdens. You shouldn’t have to face these challenges alone. Our experienced team is dedicated to holding intoxicated drivers and negligent parties accountable for their actions. We will fight to secure the compensation you deserve.
At Kherkher Garcia, we understand the complexities of drunk driving cases and the impact they have on victims and their families. Our compassionate team is ready to provide the support you need during this difficult time. Contact us today for a free consultation, and let us help you get justice. Call us now at 713-333-1030 or complete our website form to learn more.
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