Dram Shop / Bar Liability

East Texas Dram Shop Lawyers Holding Negligent Bars Accountable

When a bar, restaurant or other alcohol vendor keeps serving a visibly intoxicated patron, and that patron goes on to hurt someone, Texas law says the bar can share responsibility for what happens next. These are known as dram shop cases, and they’re one of the ways East Texas families hold negligent businesses accountable when overserved alcohol turns deadly or leaves someone with life-changing injuries.

At Dobbs & Porter, we’ve spent decades investigating these cases across Tyler and the surrounding region. If a bar, club or restaurant overserved the person who hurt you or someone you love, we can help you understand whether you have a bar liability claim — and pursue it.

What Is Dram Shop Liability In Texas?

The term “dram shop” dates back to a time when alcohol was sold by the dram, a small unit of liquid measure. Today, Texas dram shop law refers to the legal responsibility that licensed or permitted alcohol sellers carry when they overserve a customer who then causes harm to someone else.

Under the Texas Alcoholic Beverage Code, a bar, restaurant, club or other alcohol provider can be held liable when:

• The provider sold or served alcohol to someone who was obviously intoxicated to the point of presenting a clear danger to themselves or others, and
• That intoxication was a proximate cause of the injury or damage that followed.

This means the bar’s liability doesn’t depend only on the drunk patron’s actions — it depends on whether the people serving that patron knew, or reasonably should have known, that they were already too intoxicated to be served further.

Common Situations That Lead To A Dram Shop Claim

Dram shop cases can arise from a range of situations we see across East Texas, including:

• A drunk driving crash caused by a patron who was overserved at a bar, restaurant or event venue before getting behind the wheel
• A bar fight or assault involving a visibly intoxicated patron who was never cut off
• An injury on the premises itself, caused by an overserved guest
• A death caused by an intoxicated person who was served alcohol well past the point of obvious impairment

In many of these cases, the intoxicated individual isn’t the only party who should be held responsible — the business that kept the drinks coming often bears a share of the blame.

What We Have To Prove In A Bar Liability Case

Dram shop claims are not simple. Texas law requires us to show that the establishment’s employees knew, or should have known, that the patron they served was already dangerously intoxicated. That’s a high bar, and bars and their insurers fight these claims hard.

To build a strong case, we investigate:

• Sales and service records showing how much alcohol was purchased and when
• Surveillance footage, where available, showing the patron’s visible level of intoxication
• Witness statements from staff, other patrons and bystanders
• TABC investigation findings, when the Texas Alcoholic Beverage Commission has looked into the establishment
• The patron’s blood alcohol content, when available, to establish the likely level of visible impairment at the time of service

This kind of investigation takes experience and resources. It’s a major reason why dram shop cases call for an attorney who has specifically handled bar liability claims before, not a general practice.

What Compensation Can I Recover In A Dram Shop Case?

If we’re able to establish that a bar or restaurant is liable for overserving the person who hurt you, you may be entitled to compensation for:

• Medical expenses, both current and future
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage
• Wrongful death damages, if a loved one was killed by an overserved patron

Because these cases often name both the intoxicated individual and the business that served them, there may be multiple sources of recovery available to you — which matters, since individual defendants frequently don’t carry enough insurance to cover the full extent of serious injuries.

Why Work With Dobbs & Porter On A Dram Shop Case

Dobbs & Porter has represented injured East Texans for decades, and dram shop and bar liability cases are among the case types we handle most often. We intentionally keep our caseload manageable so that every client — and every case — gets the direct attention it deserves, rather than getting lost in a high-volume practice.

We know how to build the kind of detailed, evidence-backed case that dram shop claims require, and we’re not afraid to take on well-resourced bars, restaurants and their insurance companies to get our clients the compensation they’re owed.

Talk To A Tyler Dram Shop Attorney Today

If you or someone you love was hurt because a bar, restaurant or other alcohol vendor kept serving someone who was clearly too intoxicated, you may have a claim. These cases move quickly — evidence like surveillance footage and sales records can disappear fast — so it’s important to act soon after the incident.

Contact Dobbs & Porter, PLLC, at 903-310-1433 or reach out online to schedule your free consultation.