I was hit by a drunk driver. Can I sue the person who served them alcohol? Texas Dram Shop Act

September 18, 2009

In Texas there is a law known as the Texas Dram Shop Act. The Texas Dram Shop Act makes it possible someone injured by an intoxicated person to sue the provider of the alcoholic beverages. Only licensed providers, not private citizens, are subject to the Texas Dram Shop Act.

In order to successfully bring a claim under the Texas Dram Shop Act, certain conditions must be met. First, it must have been apparent to the provider of the alcoholic beverages that the person being served was obviously intoxicated to the extent that the they presented a clear danger to themselves and others. Second, the person’s intoxication must be the immediate cause of the injuries suffered by the plaintiff.

Providers of alcoholic beverages do have a defense available to them known as the “safe harbor.” Three conditions must be met in order for the provider to escape liability under the safe harbor. First, the provider must have required its employees to attend a commission-approved training program. Second, the employee must have actually attended the program. Last, the employer must not have directly or indirectly encouraged the employee to violate the Texas Dram Shop Act.

At Fears | Nachawati, we know that bringing a lawsuit against the provider of the alcoholic beverages is sometimes the only way for an injured person to collect compensation. It sometimes happens that the intoxicated person who caused the accident is unable to pay the damages awarded to the plaintiff.

That is why our Texas personal injury lawyers are committed to successfully pursuing claims under this law when applicable. It is critical to the success of your case that every possible defendant is named in your lawsuit.

If you have been injured by a drunk driver or other accident caused by an intoxicated person, contact us today to receive free legal advice about your possible Texas personal injury lawsuit. You can e-mail us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.



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