When a drunk driver causes a car accident in Houston, you may have a claim not just against the driver — but also against the bar, restaurant, or other establishment that over-served them. Under the Texas Dram Shop Act, establishments that sell alcohol to visibly intoxicated individuals can be held liable for the injuries those individuals cause. John K. Zaid & Associates handles dram shop and drunk driver injury cases throughout Houston and Harris County. No fee unless we win.
What Is the Texas Dram Shop Act?
The Texas Dram Shop Act (Texas Alcoholic Beverage Code §2.02) establishes liability for providers of alcoholic beverages — including bars, restaurants, convenience stores, and liquor stores — when they provide alcohol to a person who is “obviously intoxicated to the extent that he presented a clear danger to himself and others,” and that intoxication causes injury or death.
Dram shop liability is a powerful tool in drunk driving injury cases because the at-fault driver often has minimal insurance or no assets. A licensed establishment typically carries commercial general liability insurance with higher limits. Identifying dram shop liability can dramatically increase the compensation available to you.
Who Can Be Held Liable Under the Texas Dram Shop Act?
Under §2.02, the following types of alcohol providers can be liable for over-service:
- Bars and nightclubs — the most common defendants in Houston dram shop cases
- Restaurants — including chains that serve alcohol with meals
- Liquor stores and convenience stores — if they sell to a visibly intoxicated person
- Hotels and event venues — including open-bar events and banquet halls
- Sports stadiums and arenas — Minute Maid Park, NRG Stadium, Toyota Center
Social Host Liability in Texas
Texas limits social host liability for alcohol. Under §2.03, non-licensed providers (private individuals hosting parties) generally cannot be held liable for serving alcohol to adult guests who then cause accidents — with one critical exception: if a non-licensed provider serves alcohol to a minor (under 21) who then causes injury or death, the host can be held liable under §2.02’s minor-provision clause.
How to Prove a Texas Dram Shop Claim
To recover against a licensed establishment under the Dram Shop Act, you must prove:
- The defendant provided alcoholic beverages to the at-fault person
- When the alcohol was provided, the person was “obviously intoxicated to the extent that he presented a clear danger to himself and others”
- The intoxication was a proximate cause of the damages suffered by the plaintiff
Evidence of dram shop liability includes: surveillance footage from the establishment; receipt records showing the number and timing of drinks served; witness statements from other patrons and bar staff; TABC (Texas Alcoholic Beverage Commission) violation records; blood alcohol content (BAC) at the time of the accident; and social media posts showing the drunk driver at the establishment before the crash.
Combining a DWI Accident Claim with a Dram Shop Claim
In a DWI accident case, you can pursue the drunk driver directly and bring a separate dram shop claim against the establishment that over-served them. These claims are not mutually exclusive. In fact, Texas law allows you to recover from multiple defendants whose combined negligence caused your injuries. This dual-track approach can significantly increase the total compensation available to you.
Statute of Limitations for Dram Shop Claims in Texas
Dram shop claims in Texas are subject to a 2-year statute of limitations under Texas Civil Practice & Remedies Code §16.003. However, you should also be aware that the TABC notice requirement under §2.02(d) requires that the alcoholic beverage provider receive written notice within 180 days of the incident, or the dram shop liability claim may be barred. This 180-day notice deadline makes it critical to contact an attorney quickly after a drunk driving accident.
Damages in a Texas Dram Shop Case
If you were injured by a drunk driver and can establish dram shop liability, you may recover from the establishment: medical expenses, lost wages, pain and suffering, permanent impairment, and in some cases punitive damages under §41.003 if the establishment’s conduct was grossly negligent. Wrongful death survivors can also bring dram shop claims under Texas Chapter 71.
Frequently Asked Questions
Can I sue a bar if a drunk driver hit me in Houston?
Yes, if the bar served the driver when they were visibly intoxicated. Under the Texas Dram Shop Act §2.02, licensed establishments that over-serve customers who then cause accidents can be held jointly liable with the drunk driver. An attorney can investigate the establishment’s service records and surveillance footage.
What is the 180-day notice requirement in Texas dram shop cases?
Texas Alcoholic Beverage Code §2.02(d) requires that you provide written notice to the alcohol provider within 180 days of the incident as a condition of bringing a dram shop claim. If you miss this deadline, you may lose your right to sue the establishment. Contacting an attorney quickly after a drunk driving accident is essential.
Does it matter if the drunk driver was convicted of DWI?
A DWI conviction is strong evidence in both the personal injury claim and the dram shop claim, but it is not required. You can pursue civil liability even if the criminal case is pending, dismissed, or results in a plea bargain.
Contact a Houston Dram Shop Lawyer Today
If a drunk driver injured you or a family member in Houston, do not assume the drunk driver is the only party that can be held responsible. John K. Zaid & Associates investigates both the driver and the establishment that served them — giving you every available avenue for recovery. Call (281) 333-8959 for a free consultation. No fee unless we win.