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Drunken assaults and accidents can destroy lives and families. You may be wondering how a person was even allowed to get so drunk that they became a danger to everyone around them. Indeed, sometimes the intoxicated person is not the only one legally responsible.
In Texas, bars, restaurants, and other providers of alcohol must refuse to serve intoxicated people or minors. When they do not, they can be sued. After a DUI accident, an alcohol-related assault, or a similar injury, a Houston dram shop lawyer like Attorney Brant Stogner could determine what happened and who could be liable. Reach out to our personal injury attorneys today.
What Are Dram Shop Laws?
A business should not provide someone alcohol when it is “apparent” that the person is “obviously intoxicated to the extent that he presented a clear danger to himself and others.” If they do, they may be responsible for injuries resulting from that person’s intoxication. Dram shop law violations can also serve as grounds to revoke the business’s permit to sell alcohol under Texas Alcoholic Beverage Code § 6.01(b).
Dram shop laws also apply to most adults over 21 who provide alcohol to minors. If an adult knowingly provides alcohol to a minor or allows a minor to receive alcohol on their premises, an injury victim can sue them after an accident with the minor who was intoxicated by their alcohol. This law covers hosts at private homes, but not parents, guardians, or spouses of minors under Texas Alcoholic Beverage Code § 2.02(c).
Your dram shop attorney, Brant Stogner, could help you understand these laws in Houston and work to recover fair compensation for your injuries.
Who Can Recover Compensation Under Dram Shop Laws?
Survivors of DUI accidents, as well as the families of those who did not survive, often bring dram shop lawsuits against businesses or hosts. Assaults by intoxicated patrons, as well as other foreseeable alcohol-related injuries, can also be legal grounds for a claim under dram shop laws. Also, depending on the circumstances, an intoxicated person may be able to bring the suit on their own behalf.
Under dram shop laws, claimants may be able to get compensation for:
- Lost wages, income, or future earning potential
- Property damage, whether to a vehicle, personal items, or real estate
- Pain, suffering, and mental anguish (known as non-economic damages)
- Medical expenses, including mobility aids and physical rehabilitation
- Home health costs, such as in-home aides or modifications for accessibility
A business or host that knowingly served any amount of alcohol to a minor can be liable. However, establishing a dram shop claim against a business that overserved an adult can be challenging without the help of a Houston lawyer.
Evidence Required for a Dram Shop Claim
Texas dram shop cases require thorough research and investigation, both of the accident and the business or occasion where the intoxicated person got the alcohol. For example, a business can argue that it is not liable for overservice because its employees were Texas Alcoholic Beverage Commission (TABC) certified, but if it still did not operate safely on a day-to-day basis, it may be liable.
When an injury survivor argues that a business overserved the person who caused their injuries, the survivor will need proof of what the provider could see at the time of service, not just what police or experts could determine after the accident. A Texas court requires a plaintiff to present evidence that it was apparent to the provider that the individual was obviously intoxicated and presented a clear danger. Your attorney, Brant Stogner, could gather essential evidence to strengthen your Houston dram shop claim and prove liability.
Seek the Services of Houston Dram Shop Attorney Brant Stogner
Attorney Brant Stogner has worked to negotiate six-figure settlements for clients injured through overservice, and he has procured record-setting settlements for other sufferers of catastrophic injuries.
Trust a Houston dram shop lawyer who has fought for survivors and families. Contact Attorney Brant Stogner today to schedule an initial consultation and start the legal process.