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Dram Shop Law in Texas

Dram shop law is a funny name for a serious problem: the sale of liquor to someone who is obviously so intoxicated that he or she poses a threat. Texas dram shop law recognizes that selling alcohol to such a person gives the establishment some responsibility for any resulting accident. Any “dram shop” -- a licensed seller of alcohol -- may be held legally responsible, and anyone injured may sue. This can include people who injured themselves with their own intoxication.

To win a case based on dram shop law in Texas, it’s not enough to show that the defendant served a drunk person. You must show that the establishment knew or should have known that the person was very intoxicated already, and that intoxication must be the direct cause of the injuries the plaintiff suffered. Those injuries most commonly come from a DWI accident, but can also be caused by pedestrian accidents, boating accidents or any other kind of mishap.

In defending the dram shop case, many establishments will point to the personal responsibility of the drunk people themselves. Personal responsibility is absolutely a factor, but establishments also have a responsibility to make sure their actions don’t endanger the public. Bars and restaurants make a significant profit on alcohol, so they make money by encouraging patrons to buy lots of alcohol. Fear of defending the dram shop case gives establishments a reason to stop serving when it’s time.

A dram shop lawsuit is not necessarily a substitute for suing a drunk driver’s insurance company. Dram shop law in Texas allows victims of drunk driving accidents to pursue both types of claim. However, when the drunk driver was uninsured, underinsured or even unlicensed, a dram shop action can allow victims to obtain financial compensation they might not otherwise be able to claim.

Based in Fort Worth, the law office of Coby L. Wooten, P.C., helps clients assert their rights under Texas dram shop law. Drunk driving accidents can be deadly, causing deaths or permanent disabilities because of the drunk person’s impaired judgment. I help victims secure financial compensation for these injuries, which can help them get the medical care they need and make ends meet as they put their lives back together. If you’re considering a case based on dram shop law in Texas and you’d like to know more, call me today for a free consultation at 1-888-336-3455.

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