Most people think that when an accident happens caused by DUI, the driver is solely to blame. However, in Texas, a law shares responsibility for establishments that serve alcohol to their customers. In other words, even after a customer leaves the establishment, it is still held liable for injuries or accidents caused by the intoxicated patron they served.
How will I benefit from Texas’ dram shop liability?
Based on the Texas Alcoholic Beverage Code, the Texas Dram Shop Act aims to protect and empower injured individuals who are affected by people unable to drink responsibly and the establishments that tolerate them. Key points of the Texas Dram Shop Liability include:
- Liability conditions depend on the patron’s intoxication and whether they pose a clear threat to themselves or others. To be liable, they must also directly cause the injury or damage.
- It is vital to prove the liability of the intoxicated person. There should also be a direct link between the establishment and the person who caused the injury.
- The injured person or their family must file a personal injury claim against the establishment that served the intoxicated patron. This claim will be helpful if the patron is uninsured or underinsured.
- Damages that an injured person can seek compensation for are medical bills, lost wages, pain and suffering, and other related expenses.
Knowing these laws can help guarantee that victims of DUI and any alcohol-related incidents get the compensation they are due. At the same time, the laws aim to maintain establishment responsibility in alcohol service practices.
How can I prove that an establishment was lax in its service practices?
An investigation will follow when you file a claim against the establishment. Information and details to support your case will come from several vital methods:
- Witness testimonies
- Surveillance footage
- Receipts and transaction records
- Expert testimonies
- Police reports
- Medical records
- Social media and photos
- Any behavioral indicators
Collecting and presenting evidence can help build a strong case in a dram shop liability claim. Pursuing this claim should be done with an experienced legal professional to ensure you are represented and compensated appropriately.