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Dram Shop Liability

Texas Drunk Driving Accident Injury Attorney

Dram Shop Liability refers to the body of law that impose liability on sellers of alcohol to obviously intoxicated patrons, and sometimes minors.  If a seller of alcohol provides alcohol to an obviously intoxicated patron, they can be held liable for the actions of that patron.  Dram shop cases typically involve individuals getting intoxicated at a bar and then hurting someone in a drunk driving accident afterwards.

In Texas, the elements of a Dram Shop cause of action require proving the following:

  1. The defendant sold alcohol to an adult recipient;
  2. When the defendant provided the alcohol to the recipient, it was apparent to the defendant that the recipient was obviously intoxicated; and
  3. The recipient’s intoxication proximately caused the plaintiffs injury.

Due to a Texas Supreme Court case called Duenez, it is much harder to prosecute Dram Shop cases in Texas.  However, they are still legitimate causes of action that must be explored in any Drunk Driving Accident.  If you have been injured or lost a loved one as a result of a drunk driving accident, call the San Antonio, Texas Drunk Driving Accident Injury Lawyer at Hill Law Firm today.