Hundred of drivers are killed in Texas drunk driving accidents every year, and thousands more are severely injured. When these accidents occur, victims commonly pursue the drunk driver for compensation. However, fault may also lie with the clubs or bars that continue to serve alcohol to intoxicated people. As such, Texas law allows drunk driving accident victims to sue the establishment that served the driver for money damages as well.
These types of liquor liability suits are called dram shop actions. Under Texas law, a dram shop is defined as any commercial establishment where alcoholic beverages are sold. The term originates from the nineteenth century, when taverns served alcohol by the measurement of a dram, or one-eighth of a fluid ounce.
While Texas' first dram shop act was passed in 1895, it was not until 1987 that the Texas Supreme Court allowed such lawsuits. The reasoning behind the change was that drunk drivers are such a threat to public safety that bars, restaurants and hotels should be prohibited from serving alcohol to people they know (or should know) to be intoxicated.
Example Dram Shop Case
In one Texas drunk driving case, the parents of a young victim hope to hold their daughter's employer, the Gold Club in Beaumont, accountable under Texas' Dram Shop Act. They accuse Gold Club of allowing her to drive home after she was obviously drunk and a danger to herself. According to court filings, Gold Club allegedly encourages its employees to drink while working to increase its profits, and Hollyfield was drinking alcohol during her shift as a waitress. The complaint also alleges that a co-worker had to help her to her car and allowed her to drive off. Hollyfield was killed soon after in a head-on collision with a semi-truck. An autopsy revealed that her blood alcohol was more than twice the legal limit.
When Dallas drunk driving accidents cause deaths, bringing suit against the club or bar that served the drunk driver increases the chances victims may be properly compensated. An experienced Texas personal injury attorney can help you understand your rights and options under the Dram Shop Act.
