If you frequent bars regularly, you may hear the owner tell a patron something like: “I’m sorry, but you’ve clearly had too much to drink, and I need to cut you off.” Other patrons may feel like the owner is a buzzkill, but in reality, the owner is just protecting his or her establishment. What is the owner defending themselves from? Being found liable under Texas dram shop law.
What Is the Texas Dram Shop Law?
The Texas dram shop law is a regulation that holds alcohol-serving establishments accountable for DUI injuries caused by their patrons. Essentially, the law states that any establishment that continues to serve booze to someone who is perceptibly intoxicated may be found partially liable for injuries resulting from the patron’s drunkenness.
Unlike dram shop laws in other states, Texas’ dram show law is not strict liability. Strict liability is an “if” “then” clause that holds an entity liable for an action regardless of other circumstances. In regards to dram shop law, strict liability would play out like this, “if an establishment is found to service a perceptibly intoxicated person, then they are absolutely liable for any injuries the person causes to him or herself and others.”
As mentioned, Texas’ dram shop law is not a strict liability law, which means the regulations work like this, “if an establishment is found to service a perceptibly intoxicated person, then they may be held partially liable for injuries the person causes to him or herself and others.”
Who Determines if Liability Stands Under Texas’ Dram Shop Law?
A jury will make the final decision in determining dram shop law liability. In fact, it must find the establishment as 50% responsible for a person’s injuries before they are considered “liable.” Once a jury determines that an establishment is at least 50% responsible, the entity will be liable for incurred damages up to the percentage of liability. For example, if a jury finds an establishment 75% at fault for the plaintiff’s injuries, then the establishment can be liable for 75% of the incurring costs.
Making a Dram Shop Law Case
If you or someone you love was injured in a DUI accident, you may be able to receive just compensation under dram shop law. At Stern Law Group, our primary goal is to ensure that Texans are treated fairly under state laws. In fact, our efforts have helped over 40,000 injured victims and their families. If you need representation, you want Stern Law Group.
Call us now for a free consultation! (877) 661-9900