Dram shop law sets liability- Alcohol Related Accidents

"Dram shop" is a term referring to liability of establishments arising out of the sale of alcohol to people who subsequently cause death or injury to third parties as a result of alcohol related accidents.The diminishing number of lawsuits can be attributed to the changes the 1995 Texas legislature passed regarding dram shop law.    One of the most recent changes to dram shop law is the alteration of joint and several liability, which makes any party named in a lawsuit liable for the entire judgment. Under the new law, in order for the plaintiff to collect the entire amount from a bar or restaurant, a jury must find the bar or restaurant at least 51 percent responsible for the alcohol related accidents.

Many states, including Texas, have enacted or re-enacted dram shop legislation in response to concerns about the consequences of excessive consumption and alcohol related accidents. Today, only a handful of states do not rely on dram shop laws to hold liquor sellers responsible for their sales or alcohol related accidents.

Dram shop liability laws are a potentially powerful tool for changing the environment in which alcohol is sold. Dram shop liability laws hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people (or, in some cases, to themselves). These laws are established at the state level through common law, legislation or both. Dram shop liability laws are especially important in preventing alcohol related accidents because regulatory agencies - mainly state Alcohol Beverage Control departments - are so ineffective. In particular, these laws can provide an incentive for owners of alcohol establishments to train their employees in responsible alcohol beverage service.

Texas Legal Help Center - Dram shop lawyer

Dram shop liability laws can help reduce alcohol-related accidnets. The initiation of a liability law suit in Texas in 1983 resulted in 6.5% fewer single vehicle nighttime injury crashes; an additional 5.3% decrease occurred after another suit was filed in 1984.

In states in which alcohol servers have a relatively high level of exposure to liability:

In Texas, a patron must be so obviously intoxicated that he presents a clear danger to himself and others of being involved in an alcohol related accident.

DISCLAIMER: Though licensed to practice law in the state of Texas, Jim S. Adler & Associates, located at 3D/International Tower, 1900 West Loop South, 20th Floor, Houston, Texas 77027, additionally works in conjunction with local and outside counsel, as appropriate,  to litigate claims in other states, including:

Additionally, Jim S. Adler & Associates has law offices at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887;  San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237; and Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas).