Dram Shop Liability Defense Attorneys in Houston, TX
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Dram shop laws highlight the responsibility of bars, restaurants, and other alcohol-serving venues to prevent alcohol-related accidents involving intoxicated patrons or minors. Proving liability involves demonstrating not only that the establishment served alcohol to a visibly intoxicated patron or minor, but also that this service was a foreseeable cause of the damages incurred by accident victims. This often requires gathering substantial evidence, including eyewitness testimonies, surveillance footage, and expert opinions on intoxication levels and the establishment’s serving practices.
The Houston dram shop liability lawyers at Fahl & Donaldson have focused knowledge on handling complex dram shop liability claims, offering victims the resources to build a compelling case. We assess the full extent of damages you suffered, ranging from medical expenses and lost wages to pain and suffering, and ensure that you recover the maximum compensation you deserve.
What Is Dram Shop Law in Houston?
Dram shop liability is a legal principle that holds alcohol-serving establishments accountable for serving too much alcohol to a customer who then caused injury or harm to others. This concept has its roots in old English taverns that sold gin by the dram, a small unit of liquid. The Texas Dram Shop Act specifically outlines the responsibilities and liabilities of alcohol-serving establishments in the state.
These laws are designed to encourage alcohol-serving businesses to act responsibly. Additionally, they provide a pathway for individuals injured by intoxicated persons to seek compensation for their injuries and losses.
In many states across the United States, dram shop laws are in effect. For instance, under the Texas Alcoholic Beverage Code, an alcohol provider can be found responsible for the actions of an intoxicated person if:
- The individual who was sold or served alcohol was visibly so intoxicated that they posed a clear threat to themselves and others.
- The individual served was under the legal drinking age of 18.
Dram shop liability isn’t limited to just licensed establishments like bars and restaurants; it also applies to private citizens who serve alcohol at gatherings under what’s known as social host liability.
Liability in Dram Shop Law Cases
Under Texas dram shop law, any venue or individual that dispenses, serves, or furnishes alcohol to someone who is visibly drunk or to a minor could be held liable for any resulting injuries. This encompasses a wide range of establishments, including:
- Dining establishments
- Bars, nightclubs, pubs, and similar venues
- Hospitality providers like hotels
- Locations hosting events
- Venues for sports and music events
- Individuals at private residences
Establishing an establishment’s accountability for contributing to a customer’s drunkenness presents a complex challenge. Conducting a prompt and detailed investigation is essential in these situations.
A bar or restaurant might be found responsible if your Houston dram shop liability defense lawyer can demonstrate that the following caused or contributed to the accident:
- The business did not adequately train its staff to recognize signs of intoxication.
- There were no measures in place to prevent excessive drinking.
- The establishment did not keep track of how much alcohol the patron was consuming.
- The establishment’s employees failed to verify the age of a customer who was underage.
Proving social host liability tends to be more complicated, largely relying on the accounts of witnesses. A thorough investigation becomes crucial to gather evidence regarding the intoxicated individual’s actions and the quantity of alcohol they were provided.
Recoverable Damages in Dram Shop Liability Cases
Dram shop laws provide a pathway for individuals to seek compensation if they’ve been injured or have suffered the loss of a family member due to the actions of a drunk person. These laws extend the possibility of claiming compensation beyond the person directly at fault for causing injury or death. Instead, they allow victims to also hold the establishments that played a part in the incident accountable as well.
The compensation you can seek in a dram shop liability case encompasses a wide range of damages, including:
- Medical expenses, both present and future
- Lost wages or earning potential, both past and future
- Expenses related to home care and medical services at home
- Physical and emotional pain and suffering
- Long-term disabilities
- Scarring and physical disfigurement
- Decreased quality of life
Moreover, in instances where an individual dies as a result of a drunk driving accident or similar events, their family can file for wrongful death compensation. A Houston dram shop liability attorney at Fahl & Donaldson can thoroughly examine the specifics of your situation, gather necessary evidence, and vigorously seek the full compensation you and your family are entitled to due to your losses and suffering.
What Do You Need to Prove Fault in a Houston Dram Shop Liability Case?
As the victim filing a dram shop liability claim, you carry the burden of proof. This means your claim must contain evidence that clearly demonstrates the following points:
- The at-fault establishment is legally classified as an alcohol provider under the Texas Alcohol Beverage Commission. This may include licensed and unlicensed parties.
- The provider served alcohol to a visibly intoxicated or underage person. Witnesses who noticed this behavior may provide valuable testimony.
- This intoxication directly caused the accident and your injuries.
A business may be held liable for a drunk driving accident if it was a foreseeable result of the patron’s intoxication. When investigating your case, we gather all the necessary information to prove the establishment owed a duty of care to follow dram shop laws, neglected this duty, and contributed to your injuries, which caused damages. Our Fahl & Donaldson lawyers leave no stone unturned, ensuring no other intervening causes caused the crash.
Can You Recover Damages in a Dram Shop Liability Case If You Were Partially Responsible?
In some dram shop liability cases, multiple parties, including the victim, share responsibility for the accident. If this is the case for you, you may still recover damages with Texas’ modified comparative negligence system. With this rule, each party involved in the accident receives a percentage of fault, which gets deducted from their respective damages. For example, if you are 15% responsible for the accident, and your claim is worth $350,000, you will receive $297,500. Anyone over 50% responsible for an accident cannot recover any damages.
While this system benefits those who share a portion of the responsibility for an accident, insurance companies may use it to assign you an unfair percentage of the blame. Our diligent lawyers understand these tactics and fiercely advocate for the fair settlement you deserve based on your unique circumstances.
When Can Establishments Use the Safe Harbor Defense?
While Texas bars, restaurants, and other alcohol-serving establishments are responsible for following dram shop laws, they have some protections under the Safe Harbor Act. This law, also known as the Trained Server Defense, allows businesses to avoid responsibility for drunk driving accidents if they can prove the following:
- They required their employees to complete a certification class approved by the Texas Alcohol Beverage Commission (TABC).
- The employee who served the intoxicated individual or minor attended training classes.
- They did not directly encourage their employees to break the law or violate TABC’s safe-serving practices.
When using this defense, the business only has to prove the first two points. The burden of proof for encouragement to break the law falls on the plaintiff. Establishments can directly and indirectly encourage their employees to over-serve patrons by rewarding or failing to punish this behavior. If a business attempts to use the safe harbor defense against your case, we understand how to determine the best path forward and your options to secure the compensation you deserve.
Why Should You Hire a Lawyer to Help With Your Houston Dram Shop Liability Case?
The aftermath of suffering injuries in a drunk driving accident can be overwhelming, especially when a business or social host is involved. Having an experienced lawyer by your side lets you focus on recovery while significantly increasing your chance of achieving maximum compensation.
At Fahl & Donaldson, our exceptional services can make a major difference in your case in the following ways: Hiring a Houston dram shop lawyer ensures you have the best chance of securing the compensation you deserve.
Experience
Our seasoned lawyers have over 100 years of combined experience, giving us the skills, knowledge, and resources needed to take on your dram shop liability case. With this experience comes an understanding of complex dram shop liability claims and the innovative, nuanced strategies to achieve a successful outcome for our clients.
Proven Track Record
In our decades of experience handling intricate cases, we have successfully managed many complex cases, giving us a proven track record of success and countless positive client reviews. With these trusted testimonials from our clients, you can feel confident in your decision to work with us.
Comprehensive Support
We understand the challenges you face after a drunk driving accident, so we provide comprehensive support from start to finish. Our attentive lawyers handle every aspect of your dram shop liability case, including the following:
- Conducting a detailed investigation
- Collecting, preserving, and analyzing evidence, including video footage, witness testimony, and expert opinion
- Interviewing witnesses
- Using our legal knowledge to answer your questions
- Accurately calculating your claim’s value
- Utilizing valuable resources, like accident reconstructionists, to strengthen your claim
- Filing your claim properly
- Organizing paperwork
- Negotiating with insurance adjusters on your behalf
We take a personalized approach to your claim, taking the time to listen to your story and understand your needs to develop a perfectly tailored plan to navigate the intricate legal process. With this careful guidance, you can have a stress-free experience and stand up to the liable business.
Statute of Limitations
According to Tex. Civ. Prac. & Rem. Code § 16.003(a), most dram shop liability victims have two years from the date of the accident to file their claims. While this may seem like plenty of time, your recovery and the complexity of the legal process can make it challenging to meet this deadline. Having a lawyer’s help ensures you take advantage of your opportunity to seek justice and understand any potential exceptions to this time limit.
Litigators
While we work hard to settle your case out of court, we understand this is not always possible. Fortunately, our trial-tested team is fully prepared to present your claim to a judge and jury if needed. We have tried over 75 cases to verdict, so you can trust us to go to war to protect your best interests.
Evidence for Establishing Liability in Dram Shop Cases
Establishing liability in dram shop cases requires compelling evidence. The burden of proof lies with the plaintiff, who must demonstrate that an alcohol-serving establishment’s negligence directly contributed to the patron’s intoxication and subsequent harm.
Evidence that can be pivotal in dram shop liability cases may include:
Eyewitness Testimony
Eyewitness accounts are critical in dram shop cases. Witnesses who observed the patron’s behavior and the establishment’s serving practices can provide valuable testimonies. This may include patrons who were present at the establishment and noticed signs of visible intoxication.
Surveillance Footage
Many bars, restaurants, and other establishments have surveillance cameras installed that could show how the establishment’s staff interacted with the patron, including the frequency and quantity of alcohol served. This footage can also be instrumental in showing the actions and demeanor of the intoxicated individual, demonstrating visible signs of intoxication.
Transaction Records
Records of the transactions can provide evidence of alcohol purchases. Receipts and transaction logs show the amount and types of alcohol purchased by the patron, as well as the timing of each purchase. This can help establish the timeline of events and the progression of intoxication.
Expert Opinions
Expert testimony can offer an in-depth analysis of various aspects of the case. Medical or forensic experts can assess the level of intoxication based on the amount of alcohol consumed and the patron’s behavior. Hospitality or alcohol service experts could also evaluate the establishment’s adherence to safe-serving practices and training protocols.
Training and Policy Documents
Documentation regarding the establishment’s staff training and alcohol service policies can reveal proof that employees were properly trained to recognize and handle intoxicated patrons or that guidelines and procedures were in place to prevent over-serving and manage intoxicated customers.
Smartphone Data
Any photos or videos taken by patrons or bystanders can provide real-time evidence of the patron’s condition and the establishment’s environment. Records of communications, such as text messages, social media posts, or phone calls made by the patron or witnesses, can also provide additional context and evidence.
Police Reports
Reports from law enforcement can offer official accounts of the incident, including details of any accidents or incidents involving the intoxicated individual and statements collected by police at the scene, which can corroborate other evidence.
Medical Records
Medical documentation of the patron’s condition can be used to verify blood alcohol content (BAC) levels and other medical indicators of intoxication, as well as the extent of injuries sustained by the victims in any resulting accidents.
How To Collect and Preserve Evidence in Dram Shop Liability Cases
In dram shop liability cases, the timely collection and preservation of evidence often involves taking immediate action. Promptly gathering and securing evidence can help prevent loss or tampering.
Engaging investigators and legal professionals is essential as they will methodically collect, analyze, and present the evidence. Experienced attorneys can navigate the complexities of dram shop liability cases, ensuring all evidence is properly collected and presented. They can also handle legal procedures like obtaining subpoenas for necessary documents and footage.
The comprehensive collection and effective presentation of evidence are essential in building a strong dram shop liability case. At Fahl & Donaldson, our experienced attorneys are skilled in gathering the necessary evidence and leveraging it to advocate for the maximum compensation our clients deserve.
Why Choose Fahl & Donaldson for Your Dram Shop Liability Case?
When it comes to navigating complex legal challenges such as dram shop liability, the choice of your legal representation can make a significant difference in the outcome of your case. At Fahl & Donaldson, we pride ourselves on delivering exceptional legal services tailored to the unique needs of each client. We offer:
Decades of Experience and Proven Legal Acumen
Our attorneys bring decades of combined experience to the table, offering deep insights and extensive knowledge across various areas of law. We have a long-standing track record of success in negotiations, arbitrations, and trials, providing our clients with the confidence that their cases are in capable hands.
Trial- and Arbitration-Ready Representation
Legal disputes can escalate quickly, but our team is always prepared to represent your interests effectively, whether in court or through arbitration. Our readiness ensures we can act swiftly and decisively, no matter how your case unfolds.
Agility and Accessibility of a Smaller Firm
Unlike larger firms, Fahl & Donaldson offers the agility and personal touch of a smaller practice. We are more accessible to our clients, providing prompt and attentive service. Our size allows us to adapt quickly to changing circumstances and deliver personalized legal strategies.
Statewide and Gulf Coast Reach
While based in Houston, we serve clients throughout the Texas Gulf Coast area and statewide. We travel across Texas and the Gulf Coast to meet our clients’ legal needs, ensuring geography is never a barrier to receiving top-notch legal assistance.
Recognized and Accomplished Attorneys
The Fahl & Donaldson team includes highly accomplished litigators who are frequently recognized for their excellence. Our team has been recognized by:
- AV-Preeminent Peer Review Rated by Martindale-Hubbell
- Client Review Rated by AM Best’s Insurance Attorneys
- Listed in Best Lawyers in America
- Listed in Texas Super Lawyers
- Listed in Top Attorneys in North America
Our accomplished attorneys are dedicated to understanding and addressing the specific needs of every client.
Speak With the Houston Dram Shop Liability Defense Lawyers at Fahl & Donaldson Today
If you have been impacted by the actions of an intoxicated individual, you may have legal rights under dram shop laws to seek compensation for your suffering and losses. Navigating the complexities of these claims may be daunting, but you don’t have to face it alone. The experienced Houston, TX dram shop liability attorneys at Fahl & Donalson make a significant difference in your ability to successfully pursue the justice and financial restitution you deserve.
We are a skilled, trial-tested legal team who have tried over 75 cases to verdict and will advocate on your behalf against establishments that have failed in their duty of care. Schedule a meeting with one of our lawyers today at (346) 241-7355 or fill out our contact form to discuss your case.