When Do I Have a Strong Dram Shop Claim in Texas?

The Texas Alcoholic Beverage Code Chapter 2 contains the state’s laws regarding dram shop liability. Vendors who sell alcohol can be held liable for an injury caused by a customer if they were sold alcohol when they were “obviously” intoxicated to the point of posing a danger to themselves or others. The intoxication must have been a foreseeable cause of the injuries. Additionally, a vendor may be liable for injuries caused by a customer if that customer was sold or given alcohol despite being a minor under the age of 18. 

In practice, a successful case requires more than proving the driver was drunk. We must be able to prove the establishment broke the law by serving them. We evaluate the strength of a potential claim based on three key factors: evidence of obvious intoxication, the timing of the service, and the ability to defeat Texas’s “Safe Harbor” defense.

Proof of Obvious Intoxication

The core of any strong dram shop case rests on the condition of the patron at the time of service. The Texas Dram Shop Act requires us to prove that the individual displayed apparent signs of dangerous intoxication, yet the provider served them anyway.

We look for evidence that the bartender or server ignored visible cues, including:

• Physical impairment. This includes stumbling, staggering, falling, or an inability to sit upright.
• Speech patterns. Slurred speech, loud or aggressive outbursts, or incoherent conversation can all suggest severe intoxication.
• Consumption volume. This refers to serving a volume of alcohol so large that any reasonable person would know the patron was intoxicated, such as serving five shots in one hour.
• Blood alcohol concentration (BAC). While a high BAC alone does not prove a server observed the intoxication, a BAC significantly over the legal limit (such as .16 or higher) frequently indicates that physical signs were visible.

Timing of Service

A claim becomes stronger when we can reconstruct the night with clear evidence. Relying solely on witness memory can fail, so we seek hard data whenever possible.

A strong dram shop liability claim usually includes one or more of the following types of evidence:

• Surveillance footage. Video showing the patron stumbling while the bartender hands them another drink can often be the most powerful evidence available.
• Point of sale (POS) records. Time-stamped receipts allow us to correlate the exact time of service with the estimated level of intoxication and the subsequent accident.
• Social media posts. Photos or videos uploaded by the patron or bystanders inside the establishment may capture the intoxication level and the staff's interaction with them.

Overcoming the “Safe Harbor” Defense

Texas offers alcohol-serving establishments a statutory defense known as "Safe Harbor." In theory, it protects an alcohol-serving venue from liability if it requires employee certification and the serving employee actually attended a training program. Our team at Hamilton Wingo can investigate the internal operations of the bar to assess whether they forfeited this protection.

We look for evidence that the employer:

• Encouraged rule-breaking. This can include setting quotas for alcohol sales or pushing staff to overserve to boost profits.
• Neglected policy enforcement. An employer must discipline employees who previously served dangerously intoxicated patrons.
• Falsified training. This refers to when an employer allows employees to work without completing the required TABC certification.

Our firm has paid out hundreds of millions inreferral fees to co-counsel. If you think you may have a dram shop liability claim, we encourage you to call (214) 234-7911 or contact us online now.