If you suffer an injury in a car accident caused by a drunk driver, you
are eligible to file a personal injury lawsuit against that person. However,
in some circumstances, it may be possible to hold establishments and other
third parties who have provided the drunk driver with alcohol. These are
considered as “dram shop” situations.
These laws hold bars, restaurants, and other vendors responsible for providing
alcohol to individuals who are obviously intoxicated. The plaintiff must
prove that the defendant was in an obvious state of intoxication to the
extent where they can pose a danger to himself/herself and others. This
means that the bar or restaurant served alcohol to a customer that it
knew or should have known was drunk.
Texas law requires bartenders to consider the following signs of potential
- The number of drinks the person has had
- The type of drinks that the person has received
- Slurred speech
- Loud voice
- Profane language
- Using walls and other surfaces to balance oneself
- Violent behavior
- Overly sexual behavior
- Difficulty answering questions
Furthermore, social host liability law enables an injured party to seek
damages from a person (who is 21 years of age or older) that intentially
provides alcohol to a minor and is not a parent or legal guardian of the minor.
If you have been injured in a car accident,
request a free consultation with our Fort Worth personal injury attorney at the
Law Office of James M. Stanley today.