Suffering injuries in a car accident is stressful enough. When you learn that the person who caused your injuries was intoxicated, it adds another layer of anger and frustration to an already devastating situation.
While the drunk driver is certainly responsible for their actions, they may not be the only party who should be held accountable. In Texas, certain businesses have a legal duty not to over-serve alcohol to patrons. When they breach this duty, and it leads to an accident, you may have a path to justice through a dram shop liability claim.
At Branch & Dhillon, P.C., our dedicated Arlington dram shop liability lawyer helps accident victims with these challenging cases. We believe in holding all negligent parties accountable, allowing you and your family the space you need to recover while we handle the legal details.
Key Takeaways about Dram Shop Liability in Arlington, Texas
- Texas law, specifically the Dram Shop Act, allows victims of drunk driving accidents to hold establishments liable for over-serving alcohol.
- A “provider,” such as a bar, restaurant, or liquor store, can be held responsible if they served alcohol to a patron who was already obviously intoxicated.
- Proving a dram shop claim requires evidence that the establishment continued to serve alcohol even when the patron was a clear danger to themselves or others.
- A dram shop liability claim is a separate civil action from any criminal charges the drunk driver faces or any personal injury claim against the driver.
- Compensation in these cases can cover medical expenses, lost income, and pain and suffering resulting from the accident.
Why Choose a Dedicated Arlington Dram Shop Liability Attorney from Branch & Dhillon, P.C.?
When you’re facing the consequences of someone else’s negligence, you need more than just a lawyer; you need a compassionate advocate who will fight for you every step of the way. The team at Branch & Dhillon, P.C. is committed to being that advocate for you and your family.
We focus our practice exclusively on personal injury law. This means we have a deep understanding of the tactics insurance companies and corporate legal teams use to minimize or deny claims. We are not a firm that dabbles in different legal areas; we are passionate about representing injured individuals and have built our reputation on it. Our singular goal is to aggressively represent your interests so you can focus on what matters most: your physical and emotional recovery.
We understand the immense financial pressure an accident can place on a family. That’s why we handle every case on a contingency fee basis.
- You will never pay any upfront fees for our services.
- We cover all the costs of investigating and litigating your case.
- We only get paid if we successfully secure compensation for you.
This approach ensures that everyone has access to dedicated legal representation, regardless of their financial situation. Let us take on the legal burdens so you can concentrate on rebuilding your life.
Understanding Dram Shop Liability in Texas
The concept of holding a business responsible for the actions of a drunk patron might be new to many people. However, Texas law provides a clear framework for this type of accountability, designed to protect the public and encourage responsible alcohol service.
What is the Texas Dram Shop Act?
The foundation for these cases is the Texas Dram Shop Act, found within the Texas Alcoholic Beverage Code. This law states that an alcohol provider can be held liable for damages caused by an intoxicated patron if two specific conditions are met:
- At the time the alcohol was provided, it was apparent to the provider that the person being served was “obviously intoxicated to the extent that he presented a clear danger to himself and others.”
- The intoxication of that person was a “proximate cause” of the damages suffered.
In simple terms, “proximate cause” means the accident was a direct and foreseeable result of the person being intoxicated. If a bartender continues to pour drinks for someone who is slurring their words and stumbling, and that person then gets behind the wheel and causes a collision on I-20, the over-service is directly linked to the injuries that result.
Proving a Dram Shop Claim
Winning a dram shop case requires more than just showing that the at-fault driver was drunk. Your legal team must build a strong case proving the establishment was negligent in its service. This often comes down to demonstrating that the patron was “obviously intoxicated.” This is a key legal standard that depends on observable facts.
Evidence of obvious intoxication can include:
- Slurred speech or loud, aggressive language
- Difficulty maintaining balance or stumbling
- Spilling drinks or being unable to handle simple objects
- Bloodshot eyes or a strong smell of alcohol
- Acting belligerent or nonsensical
Gathering proof of these behaviors is critical. An experienced dram shop liability attorney will launch a thorough investigation to uncover evidence such as witness testimony from other patrons or employees, credit card receipts showing the number of drinks purchased, and surveillance footage from inside and outside the establishment.
Who Can Be Held Liable in an Arlington Dram Shop Case?
The Texas Dram Shop Act applies to any person or business with a license to serve alcohol. This includes a wide range of establishments throughout Tarrant County, from bustling nightlife spots to quiet neighborhood restaurants.
Liable parties can include:
- Bars and Nightclubs: These are the most common defendants in dram shop cases, especially in active areas like the Arlington Entertainment District.
- Restaurants: Any restaurant that serves beer, wine, or liquor with meals has a responsibility to monitor its patrons’ consumption.
- Liquor Stores and Convenience Stores: These businesses can be held liable for selling alcohol to someone who is already clearly intoxicated.
- Sporting Venues and Concert Halls: Large venues that serve alcohol must have protocols in place to prevent over-service to thousands of guests.
It is the responsibility of these businesses to adequately train their staff to recognize the signs of intoxication and to know when to refuse service.
The Critical Role of a Dram Shop Liability Lawyer in Arlington
Dram shop cases are significantly more complex than a standard car accident claim against a driver. The establishment and its insurance company will often have powerful legal teams ready to fight back. They may argue that their staff acted responsibly or that the patron did not seem intoxicated. Having a knowledgeable attorney on your side is essential to level the playing field.
Investigating the Establishment
A skilled lawyer does more than just file paperwork. We dig deep to uncover the facts. This involves a comprehensive investigation into the establishment’s practices, which can include:
- Demanding Surveillance Footage: We act quickly to send a spoliation letter, which is a formal notice demanding that the business preserve all evidence, including video recordings, before they can be deleted.
- Interviewing Witnesses: We can locate and interview other customers, current employees, and even former employees who may have information about the bar’s serving practices.
- Reviewing Records: We can subpoena records like employee training manuals, TABC certifications, sales receipts, and any prior citations from the Texas Alcoholic Beverage Commission (TABC).
This evidence helps us build a compelling narrative showing a pattern of negligence or a clear failure to follow the law on the night of the accident.
Calculating Your Full and Fair Compensation
The harm caused by a drunk driver extends far beyond the initial crash. You may be facing a long road to recovery with mounting expenses and significant life changes. We work diligently to identify all the ways you and your family have been affected to pursue the maximum compensation you deserve.
Damages in a dram shop liability claim can include:
- Economic Damages: This includes all your financial losses that can be calculated, such as current and future medical bills, lost wages from being unable to work, and diminished earning capacity if you cannot return to your previous job.
- Non-Economic Damages: These are losses that don’t have a specific price tag but are just as real. This can include compensation for physical pain and suffering, emotional distress, mental anguish, disfigurement, and loss of enjoyment of life.
- Punitive Damages: In cases where the establishment’s conduct was particularly reckless or malicious, a jury may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
We consult with medical professionals, financial planners, and life care experts to accurately assess the full scope of your losses, ensuring no expense is overlooked.
Common Scenarios Involving Dram Shop Liability
Dram shop liability can arise from any situation where an over-served individual causes harm. While many cases involve car accidents, the law applies to other scenarios as well.
Consider a situation where a patron is over-served at a bar near AT&T Stadium and, while walking to their car, stumbles into the path of a motorcyclist, causing a serious accident. Or imagine a driver leaving a restaurant, intoxicated, and hitting a pedestrian crossing the street in downtown Arlington. In these instances, and in tragic wrongful death cases, the establishment that provided the alcohol could share in the legal responsibility for the outcome.
The devastation caused by these events is immense. A brain injury can alter a person’s life forever, and a wrongful death leaves a void in a family that can never be filled. Pursuing a dram shop claim is about seeking justice and financial stability for your family’s future. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving crashes have devastating economic and emotional costs, and holding all responsible parties accountable is a key part of the healing process.
What to Do After an Accident Involving an Over-Served Driver
While your first priority is your health after an accident with a drunk driver, there are a few things you can do to help protect your legal rights.
- Write Everything Down: As soon as you are able, write down every detail you can remember about the accident. Note any comments the other driver made, such as where they were coming from. Memories can fade, so creating a written record is invaluable.
- Preserve All Documents: Keep a file of everything related to the accident, including the police report, medical bills, receipts for prescriptions, and any correspondence from insurance companies.
- Avoid Speaking with Other Insurers: The at-fault driver’s insurance company or the establishment’s insurer may try to contact you. It is wise to avoid giving a recorded statement or accepting any early settlement offers until you have spoken with an attorney.
- Consult with a Dram Shop Liability Lawyer: The most important step you can take is to seek guidance from a lawyer who understands these specific types of cases. An initial consultation can help you understand your options and the best path forward.
Taking these steps can provide a strong foundation for a potential claim, ensuring that crucial information is not lost.
Arlington, TX Dram Shop Liability FAQs
Here are answers to some common questions we receive about dram shop liability claims in Texas.
The statute of limitations for personal injury claims in Texas, including dram shop cases, is generally two years from the date of the injury. It is crucial to act quickly, as evidence can disappear and witnesses can become difficult to find over time. Consulting with an attorney as soon as possible is the best way to protect your right to file a claim.
This is a common defense. The legal standard is not what the server subjectively knew, but what a reasonable person should have known based on the patron’s visible appearance and behavior. A skilled attorney can use witness testimony, expert opinions, and other evidence to show that the signs of intoxication were obvious and should have been recognized by a trained employee.
Yes. These are two separate claims against two different parties. You can (and often should) pursue a personal injury or drunk driving accident claim against the drunk driver’s auto insurance policy while also pursuing a dram shop liability claim against the establishment that overserved them. This can help ensure you recover the full amount of compensation needed for your injuries.
Contact Our Arlington Dram Shop Liability Attorneys Today
If you or a loved one has been injured by an intoxicated person, you deserve to know all of your legal options. Holding a negligent establishment accountable can not only provide the financial resources your family needs to move forward, but it can also help prevent a similar tragedy from happening to someone else in our community. The compassionate and determined attorneys at Branch & Dhillon, P.C. are here to listen to your story and provide the guidance you need. We will stand by your side, serve as your advocate, and fight for the justice you deserve. Contact us today at (817) 533-3430 or through our online form for a free, no-obligation consultation to discuss your case.