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Dram Shop

According to a Mothers Against Drunk Driving (MADD) report from 2015, Texas led the nation in 2013 with 1,337 fatalities linked to drunk driving accidents. Drunk driving is incredibly dangerous and can lead to serious sustained injuries. It is obvious that the drunk driver will be held liable in criminal courts.

However, some may not know that alcohol providers can also be held civilly responsible. Alcohol providers who oversell alcohol can be held accountable for enabling severe intoxication. Those injured due to an alcohol provider’s carelessness may be entitled to certain monetary damages.

If you have been injured due to a drunk driver or alcohol-related incident, it is important that you get in touch with a Dram Shop attorney.

Dram Shop Attorneys in Montgomery County, Texas

Alcohol providers such as bars, clubs, or other nighttime venues have certain legal responsibilities.  Those who sell to minors or to the overly inebriated can be held liable. When alcohol providers negligent over-serve to intoxicated individuals or children, injuries can possibly occur.

Any person, who has been injured due to an alcohol provider’s overzealous serving, may be entitled to compensation. The attorneys at Evans & Powell, PLLC are skilled at handling dram shop cases in Texas civil courts. We are devoted to each of our client’s cases.

Our attorneys want to do all we can to hold negligent alcohol providers responsible. We want to help you obtain what you deserve. Additionally, our attorneys can navigate most of this case for you. For us, it is important you focus on your recovery.

The personal injury attorneys at Evans & Powell, PLLC advocates for clients throughout the greater Montgomery County area including Willis, Patton Village, Cut and Shoot, Conroe, and Houston.

Call us today at (713) 622 - 2000 for a free consultation regarding your case.

Overview for Dram Shop Laws in Texas

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Common Accidents from Dram Shop Cases in Montgomery County, Texas

Overselling alcohol can lead to dangerous results. Alcohol providers have an obligation to put the safety of their customers over sales. If an individual is induced into severe intoxication or is a minor, negligent-related injuries can occur.

Some types of accidents that can be the result of overselling alcohol include, but are not limited to:

  • Drunk Driving Accidents (DUI Accidents)
  • Alcohol-Related Slip-and-Falls
  • Alcohol Poisoning
  • Intoxication of a Minor
  • Intoxication-fueled Assaults
  • Job-related Accidents from Alcohol
  • Walking into Traffic Intoxicated
  • Negligent Entrusted of Vehicle to an Intoxicated Person.

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Common Providers of Alcohol in Conroe, Texas

Most think of only bars or nightclubs when they hear the term “alcohol provider.” However, that is not always the case. Many types of facilities sell alcohol and can still be held liable. It does not matter if the establishment has a license or not. If they sell alcohol, the owners can be held legally responsible for any injuries.

The following are establishments or businesses that can be considered an alcohol provider:

  • Bars
  • Liquor Stores
  • Private Clubs
  • Football Stadiums
  • Rodeos
  • Baseball Stadiums
  • State Fairs
  • Basketball Arenas
  • Caterers
  • Restaurants
  • Fraternities and Sororities

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What Texas Law Requires of Alcohol Providers

Texas Alcoholic Beverage Code § 2.02 states the responsibilities of alcohol providers for the safety of the general public. If an alcohol provider violates any of these conditions, the establishment may be held civilly responsible.

  • Providing, selling, or serving an alcoholic beverage may be the made basis for statutory cause of action upon proof that:
    • It was apparent to the provider that the individual being sold, served, or provided with alcohol was obviously intoxicated to the extent that he or she presents a clear danger to themselves or others; and
    • The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

Alcohol providers and individuals can be held liable for selling alcohol to minors. Texas Alcoholic Beverage Code states a person or business can be held liable if:

  • An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:
    • The adult is not:
      • The minor’s parent, spouse, or guardian; or
      • An adult in whose custody the minor has been committed by a court;
    • And the adult knowingly;
      • Served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or
      • Allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by an adult.

The term “obvious intoxication” can seem a little vague. However, there are a few signs that can help bartenders. Physical signs such as slurred speech, over-sexual behavior, violent behavior, stumbling, vomiting, or outbursts of profanity can all be indicators of intoxication. Additionally, a bartender can check a tab and see the quantity of alcohol consumed.

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Additional Resources

Texas Alcoholic Beverage Code – Visit the official website for Texas Legislation. Find more information of the statutory language surrounding Dram Shop laws. Learn the legal definitions, what alcohol providers are liable for, and certain admissible defenses.

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Lawyer for Dram Shop in Conroe, Texas

Have you been suffering with an injury due to a bar’s negligence? Did an alcohol provider oversell and induced a drunk driver to hit you? All alcohol providers have certain responsibilities when selling alcoholic beverages. Contact Evans & Powell, PLLC, for a trusted personal injury attorney for your case.

The attorneys at Evans & Powell, PLLC are experienced in Dram Shop cases in Texas County Courts. We understand that injuries in conjunction with legal disputes can be overwhelming. Our attorneys will investigate your case and battle for you in the courtroom. Let us guide you through these murky legal waters. Call an attorney at (713) 622 - 2000 now.

Evans & Powell, PLLC practices law throughout the 9th District Court of Appeals including Willis, Panorama, Houston, Conroe, Magnolia, and Splendora.

Dial (713) 622 - 2000 or submit an online contact form for a free consultation today.

Evans & Powell, PLLC