After an evening out drinking with your friends, one person usually holds the responsibility of not becoming intoxicated so that they can drive their loved ones or friends home. However, the Dram Shop Act, states that establishments that serve alcohol, like clubs, restaurants and bars may also share these responsibilities. Any business that has a license to sell and serve alcohol is required legally to make sure they do not put the community and their customers in danger in the way of serving alcohol to people that are obviously already intoxicated. It is wise to look around the internet when you need a dram shop lawyer to help you.
About The Dram Shop Laws
In the year 1987, The Texas statute called the Dram Shop Act became the law that hols the alcohol establishments liable for the injuries that have resulted from over-consumption of drinks containing alcohol which occurred from being over-served. The Dram Shop law will be on occasion cited after a person that is drunk gets behind the wheel and becomes involved in the more serious car collisions. However, the law is also applicable to other types of situations like slip-and-fall injuries caused from bar fights.
The providers of alcoholic beverages could become liable for specific types of damages when it is proven that:
– The person was intoxicated to such an extent that it became clear they presented a danger to others and themselves at a time that a provider served or sold them alcohol.
– The alcohol that was served was the direct cause of the injuries and damages sustained.
The Dram Shop Act states that the TABC (Texas Alcoholic Beverage Commission) has the right to revoke alcohol permits of the providers that violate this statute.
Why Does The Dram Shop Law Exist?
Texas is only one of the states that uses the Dram Shop Law, in fact this law is in place in just about all the states. There are misconceptions that suggest that the Dram Shop laws are in place to remove the accountabilities from the drunk drivers. However, this is incorrect. The Dram Shop Law is in place so that victims of an accident caused by drunk driving are able to file lawsuits against the establishment that over-served the alcohol for their portion of this liability. Their part of the liability has to do with negligence in the way of over-serving alcohol.
If you or a loved one sustained injuries as a direct cause of over-serving of alcohol, then a Dram Shop lawyer can assist you in making a claim against the responsible establishment.