Dram Shop Liability
If the negligence of an intoxicated person has injured you, you can bring a personal injury claim against that individual. In some situations, an injured person may also be able to bring a claim against the business, such as a bar, restaurant, or other third parties that provided the alcohol to the intoxicated person. These are known as “dram shop” claims.
A dram shop claim in Texas is a civil lawsuit. The injured person (plaintiff) files their case in court against the business who provided the alcohol (defendant). If the defendant is deemed legally responsible for the plaintiff’s injuries, that liability is expressed solely in terms of money damages.
Texas Alcoholic Beverage Code Chapter 2 contains the state’s laws regarding dram shop liability. Vendors who sell alcohol may be held liable for an injury caused by a customer if:
- the alcohol was sold or given to a minor under age 18, or;
- when the alcohol was sold, the customer was “obviously” intoxicated to the point that he or she posed “a clear danger” to the safety of self and others; and
- the intoxication was a “proximate,” or foreseeable, cause of the injuries suffered.
The attorneys at Hamilton Wingo dedicate themselves to hold those responsible accountable and deliver justice when the negligence of an intoxicated person results in serious injury or death.
Some common types of damages sought in alcohol-related accident claims include:
- medical bills;
- lost wages, including lost earning capacity from partial or total disability caused by the accident;
- compensation for lost or damaged property, and;
- pain and suffering.
Like other injury claims, a dram shop liability claim must be filed in a Texas court within two years of the date of injury. If you or someone you know has been injured or killed by the negligence of an intoxicated person, Hamilton Wingo is ready to stand up to those at fault. Justice doesn’t come without a fight. We’re ready to fight for you and make sure those who overserve alcohol do not hurt others in the future.
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