Holding Bars and Restaurants Responsible for Drunk Drivers
Drunk driving continues to be a serious issue in Texas, with thousands of alcohol-related crashes occurring each year, according to the Texas Department of Transportation. While much of the focus tends to be on the intoxicated drivers themselves, another important legal angle involves the establishments that served them.
Under what is known as “dram shop liability,” Texas law allows victims of drunk driving accidents to pursue legal action not just against the driver, but also against the bar, restaurant, or other alcohol-serving venue that overserved the individual.
At Jose Orihuela, Attorney at Law, I represent individuals who have suffered serious injuries due to the negligence or wrongful actions of others. With extensive experience handling personal injury claims across Texas, I’m committed to holding all responsible parties accountable, including bars, restaurants, and other establishments that overserve alcohol.
Whether the case involves a catastrophic drunk driving accident or a wrongful death claim, I provide skilled legal guidance to help victims pursue justice and compensation.
Here, I’ll explore how dram shop laws work in Texas, when businesses may be held legally responsible, and how personal injury victims can seek compensation for the harm they’ve suffered.
What Is Dram Shop Liability?
“Dram shop” laws derive their name from an old British term for a unit of alcohol—a "dram"—and refer to laws that hold establishments accountable for serving alcohol irresponsibly.
In Texas, dram shop liability is governed by the Texas Alcoholic Beverage Code, which outlines when a business can be held legally responsible for damages caused by an intoxicated customer.
Under this law, a bar, restaurant, nightclub, or any other venue with a license to serve alcohol may be liable if they:
Provided alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others, and
The intoxication was a proximate cause of the damages or injuries suffered.
This means that it’s not enough simply to show that someone drank at a bar before causing a crash. The injured party (or their family) must prove that the server should have known the patron was too drunk to be served safely, and that continued service led to the accident.
How Dram Shop Claims Fit Into Personal Injury Cases
In the aftermath of a drunk driving accident, a personal injury case typically starts with claims against the driver. However, when there’s evidence that a bar or restaurant contributed to the situation by serving the driver alcohol while they were already clearly intoxicated, a dram shop claim can become an important part of the legal strategy.
These claims can help in several ways:
Expanding liability to more than one party, which may increase the likelihood of recovering full damages.
Holding businesses accountable for contributing to unsafe conditions in the community.
Providing victims with another route for compensation if the driver lacks adequate insurance or assets.
For personal injury attorneys, dram shop claims require careful investigation, including gathering witness testimony, security footage, receipts, and other evidence showing how much alcohol was served and the patron's behavior during that time.
Who Can File a Dram Shop Lawsuit?
Dram shop liability typically comes into play after a serious incident, such as a car crash, assault, or pedestrian accident, caused by someone under the influence of alcohol. The following parties may be able to file a dram shop lawsuit in Texas:
Injured victims of a drunk driving crash, such as drivers, passengers, pedestrians, or cyclists.
Family members of someone killed in an alcohol-related crash (wrongful death claims).
The intoxicated individual, in limited circumstances, if their injuries were due in part to the establishment’s negligent over-service and they weren’t solely at fault.
It’s important to note that dram shop claims in Texas are civil matters—separate from any criminal proceedings the intoxicated driver may face.
Key Challenges to Proving Dram Shop Liability
Pursuing a dram shop claim involves several hurdles, largely centered around proving that the bar or restaurant acted irresponsibly. These cases are often more difficult than standard personal injury claims because they require showing that the signs of intoxication were so obvious that no reasonable server should have continued providing alcohol.
Evidence often used to support these claims includes:
Surveillance footage showing the patron stumbling, slurring speech, or engaging in erratic behavior
Eyewitness testimony from staff or other patrons who observed the person being visibly intoxicated
Bar tabs or receipts that reveal excessive alcohol consumption over a short period
Expert testimony from toxicologists to estimate blood alcohol content at the time of service
In some cases, the lack of proper staff training or company policies can also be relevant. For instance, if a bar routinely ignores safe-serving guidelines or rewards employees for upselling drinks, this may strengthen a personal injury claim.
Key Elements Needed to Win a Dram Shop Case
To succeed in a dram shop case in Texas, the plaintiff must establish the following:
The alcohol provider sold or served alcohol to the person who caused the injuries.
The person was obviously intoxicated at the time of service.
The intoxication was a direct cause of the accident or injuries.
The injuries resulted in measurable damages, such as medical bills, lost wages, pain and suffering, or wrongful death.
Each of these elements must be supported with evidence, which is why involving a personal injury attorney early is crucial. Prompt investigation can help secure surveillance footage, interview witnesses while memories are fresh, and preserve receipts or transaction records that might otherwise be lost.
Common Scenarios That May Lead to Dram Shop Liability
While each case is different, certain situations often give rise to valid dram shop claims. These include:
A bartender continuing to serve a customer who is visibly stumbling or incoherent
A nightclub patron being ejected for drunkenness, only to drive away and cause a crash
A restaurant overserving a minor using a fake ID
Staff failing to intervene when a visibly intoxicated guest is ordering shots rapidly
Such scenarios suggest a failure in judgment, training, or policy, and when injuries result, personal injury claims may follow.
Damages That May Be Recovered in a Dram Shop Claim
In dram shop cases, victims may be able to recover a wide range of damages under Texas personal injury law. These may include:
Medical expenses (past and future)
Lost income and diminished earning capacity
Pain and suffering
Mental anguish and emotional distress
Property damage (e.g., vehicle repair or replacement)
Loss of companionship or consortium (in wrongful death cases)
Funeral and burial costs (in fatal accident cases)
The value of a personal injury claim will depend on the severity of the injuries and the impact on the victim’s life. In cases involving permanent disability or loss of life, compensation may be substantial.
The Statute of Limitations for Dram Shop Lawsuits in Texas
Like all personal injury claims in Texas, dram shop lawsuits are subject to a statute of limitations. Generally, you have two years from the date of the incident to file a claim. Failing to do so within that time frame usually means losing your right to seek compensation altogether.
Because evidence in these cases—such as surveillance video or witness memory—can fade or disappear quickly, it’s wise to begin the investigation as soon as possible after the accident.
Speak With an Experienced Attorney Today
If you or a loved one has been injured in a drunk driving accident linked to an overserving establishment, you may have legal options.
At Jose Orihuela, Attorney at Law, I represent victims throughout Webster, Texas; South Houston, Texas; Clear Lake, Texas; Friendswood, Texas; League City, Texas; Alvin, Texas; Houston, Texas; Dickinson, Texas; Bacliff, Texas; Kemah, Texas; Seabrook, Texas; and Santa Fe, Texas. Contact me today to discuss your personal injury case.