Dram Shop Cases: When the Bar Causes the Injury or Death

Dram Shop Case When the Bar Causes the Injury or Death | McKay Law

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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

McKay Law Proudly Sponsors

MOTHERS AGAINST DRUNK DRIVING (MADD)

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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

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Call our Personal Injury Lawyer now: (903) 465-8733 or use the form below. You can also calculate your total damages for settlements.