Texas Dram Shop Law: Can You Sue the Bar That Overserved the Driver?
If a bar overserved an intoxicated person who caused a crash, Texas Dram Shop law may let you sue that establishment. Dallas attorney Byron Bailey explains your rights.
A drunk driver hits your car. They'd been drinking at a bar for three hours beforehand. Do you have a claim against that bar? In Texas — possibly yes, under the Texas Dram Shop Act.
What Is the Texas Dram Shop Act?
Tex. Alc. Bev. Code §2.02 creates liability for alcohol providers — bars, restaurants, clubs — who serve alcohol to a person who is "obviously intoxicated to the extent that he presented a clear danger to himself and others," when that intoxication causes harm to a third party.
The Key Standard: "Obviously Intoxicated"
Texas courts require the person to have been visibly and obviously intoxicated at the time of service. Evidence includes: surveillance footage, receipts showing number and timing of drinks, witness testimony from staff, and blood alcohol back-calculation by experts.
Why Dram Shop Cases Matter
Commercial bars carry liquor liability insurance — sometimes millions of dollars. When the drunk driver has minimal coverage, the bar or restaurant may be the only source of adequate compensation. We investigate dram shop liability in every drunk driving crash we handle.
Social Host Liability
Texas Alc. Bev. Code §2.02(b)(2) also allows claims against social hosts who provide alcohol to minors. If a parent hosted a party where minors were served and one later caused a crash, that parent can be held liable.
Frequently Asked Questions
Q: Can I sue both the drunk driver AND the bar in Texas?
A: Yes. These are separate claims. Each party's fault percentage is determined by the jury.
Q: What is the statute of limitations for a Texas dram shop claim?
A: Two years from the date of the accident.
Injured in Texas? Call Byron C. Bailey & Associates FREE: 214-223-6400 | byronbaileylaw.com. No fee unless we win.