When Is a Bar Liable for Overserving You if You Get Hurt on the Way Home?

LAW BLOG  •

July 21, 2015

Determining liability when alcohol is involved can be complicated. If, for example, you are injured by an intoxicated driver , clearly you will be entitled to restitution from the injury causing party. But did you know there are provisions, called Dram Shop Laws, which may also leave the establishment serving the driver liquor liable?

Dram Shop Law Overview

Dram shop laws govern professional establishments that hold liquor licenses. These laws are designed to prevent an establishment from over serving their patrons. There are two types of dram shop laws, though only one is generally permissible in Texas courts:

  • First party (rarely permitted in Texas). A first party dram shop claim is one made by the intoxicated party against the bar or restaurant that served him or her. For example, if a customer goes to a bar, becomes overly intoxicated, and either sustains or causes an injury, first party claims allow the previously intoxicated party to press charges against the establishment that had served him or her.

    In Texas, however, these cases are rarely successful because they are essentially asking the courts to penalize a liquor-serving establishment for a patrons’ conscious decision to drink in excess.

  • Third party. Third party suits, which are permissible and lawful in Texas, are claims filed by an injured party against the establishment which overserved the person who caused them injury. A third party would be the victim of someone else’s intoxication. The injured victim has the option not only to hold the intoxicated party responsible, but also to bring legal action against the bar or restaurant which over-served someone, perhaps allowing him or her to drive away , knowing the patron was intoxicated.

    These claims can be complicated, but it is the responsibility of business owners who serve alcohol to ensure their actions do not harm citizens, even indirectly.

Determining Liability

  • Reckless conduct. In dram shop cases, a server is liable due to recklessness if he or she intentionally serves alcohol to a customer who is visibly intoxicated or is a minor. For recklessness to come into effect, the server would have to consciously ignore the risk that the continued serving of liquor could pose to the customer or other citizens.
  • Intentional action. These cases are limited to minors and those with known alcohol addiction. A server must willfully and unlawfully provide either the minor or the known alcoholic with booze, knowing full well the age or status of the patron to whom they are providing the alcohol.

Social Host Liability

The owners and operators of alcohol serving businesses are not the only ones who can be liable for damages. In Texas, social host liability laws give homeowners’ and party hosts a measure of responsibility for the injurious actions caused by their guests. In addition to sending a party-goer away drunk, this law also holds the homeowners’ responsible they gives alcohol to someone underage. Any adult over the age of 21 who is not the parent or legal guardian of a minor and knowingly provides them with alcohol can be held accountable for the minor’s injurious actions.

Even if the adult in question was not actively serving alcohol to the minor, the act of allowing alcohol consumption on their property is enough to establish liability. So, if a teenager drives away from a party and injures himself or others due to intoxication, the owner of the property which contained the party could have legal action taken against him or her.

Obtaining a Legal Advocate

Injuries related to alcohol consumption can be some of the most dangerous, often leading to fatalities. If you have been the victim of an alcohol related injury, contact us today.

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