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What Is A Texas Dram Shop Law?

If a club, bar, restaurant, or other business sells, provides, or serves alcohol to a customer who is already intoxicated to the point where they become a danger to themselves or someone else, the establishment can be found at fault for the damages caused by the intoxicated individual. This area of law is called dram shop law.

However, to use the dram shop law, you must first prove that the intoxicated customer was clearly intoxicated when they were sold the alcoholic beverage. This can be found through evidence of slurred speech, bloodshot eyes, witness testimony, and/or a variety of other telling signs of intoxication.

The dram shop law can be applied to cases where someone was hit by a drunk driver who was served too many drinks at an establishment that serves alcohol. The person sustaining damages from the accident is able to file a claim against the establishment and the drunk driver that hit them. That being said, fault has to be evaluated for the establishment, and the drunk driver separately, and fault is not always easy to prove.

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If you have been injured or have lost a loved one in an accident or by the carelessness of another, we can help. Please call or text 972-360-9898. You may also send us a message.

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