Drunk driving crashes often leave innocent people injured and coping with significant financial challenges. They may then need to look into options for obtaining compensation.
When the driver’s insurance isn’t enough, people may worry about covering their losses. One possible solution involves pursuing a liability claim against a business. The dram shop laws in Texas allow those affected by drunk driving crashes to hold a bar or other business license to serve alcohol liable for the crash.
What are the three requirements for a dram shop claim?
1. The drunk driver must have patronized the business
The most basic requirement for a dram shop claim is that the drunk driver was at a licensed bar or restaurant consuming alcohol prior to the collision. Being able to prove that will be integral to someone’s dram shop lawsuit.
2. The plaintiff must have verifiable losses
Personal injury litigation, including dram shop claims, generally depends on someone establishing that they suffered economic losses because of the misconduct of others. Lost wages, medical expenses and property damage costs can all contribute to the overall value of a dram shop claim.
3. The business must have violated the law
Finally, the plaintiff bringing a dram shop claim will need to prove to the courts that the workers at the business violated Texas alcohol service laws. Typically, this means showing that staff members served a visibly drunk individual or someone not old enough to legally drink.
Provided that the situation meets all three of those standards, a dram shop claim could be a viable option for someone with large losses from a drunk driving crash that the motorist who caused the wreck cannot cover.