Too often, Texas bars and those in Houston, San Antonio, and Austin, Texas serve too much alcohol to patrons that lead to car accidents and death. That is why the Texas Supreme Court has interpreted the purpose behind the Dram Shop Act to be to discourage providers of alcoholic beverages from serving alcoholic beverages to obviously intoxicated persons who may inflict serious injury among themselves or others. For a definition of Dram Shop, please visit our previous blog article.
In order to prevail on a Claim in Houston and under the Texas Dram Shop Act, a plaintiff must show three important things. The plaintiff in a Dram Shop injury case must show that: (1) the defendant was a provider of alcoholic beverages; (2) when the defendant provided the alcoholic beverage to the recipient, it was apparent to the defendant that the customer / recipient was obviously intoxicated; and (3) the recipient’s intoxication proximately caused the plaintiff’s injury.
Often times, these bar customers are served too much alcohol that leads to a car accident. These types of drunk driving accidents can lead to serious injury and many times, death. These fatal car accident cases may be categorized as a wrongful death case or a Dram Shop case.
Keep in mind that a social host who serves alcoholic beverages to adult guests is not a provider under the Dram Shop Act so long as he beverages are served without charge. Texas courts have consistently rejected the idea that social hosts owe a duty to refuse to provide alcoholic drinks to obviously intoxicated people.
If you have questions about this area of the law, feel free to contact a Houston personal injury lawyer. A Texas lawyer that understands this area of law can be helpful. You can call the author at 713-572-4900.
– Article By Richard Weaver