WHO Can Be HELD Liable?
A provider of alcohol that holds a license to serve alcohol in Texas that overserves a patron who causes an injury or death can be held liable regardless of whether it charges for the alcohol.
An unlicensed server of alcohol can be liable under the Dram Shop Act only when it charges for the alcohol.
Social hosts are NOT “providers” that can be held liable UNLESS it is an adult who serves alcohol or allows the consumption of alcohol to minor(s) on the adult’s premises and so long as the adult is NOT the minor’s parent or guardian.
An injured plaintiff only needs to show that the tortfeasor’s intoxication was the proximate cause (the cause-in-fact) of the plaintiff’s injury.
Bottom Line
DON’T DRINK AND DRIVE
DON’T OVERSERVE PATRONS OF OUR COMMUNITY
DON’T ALLOW FOLKS TO OPERATE A MOTOR VEHICLE AFTER BEING OVERSERVED
DON’T PROVIDE ALCOHOL TO MINORS
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