Liquor Liability & Dram Shop
Choosing a Qualified Houston Dram Shop Injury Lawyer
A dram shop is a place where alcoholic beverages are sold. Under the Texas Alcoholic Beverage Code, the Dram Shop Act provides for two causes of action for a plaintiff’s injuries that resulted from the provision of alcoholic beverage by (1) a commercial provider to an obviously intoxicated adult or (2) any adult not authorized by statute 2.02(c)(1) to a minor under the age of 18. Tex. Alco. Bev. Code statute 2.02(b),(c).
Providing Alcohol to Intoxicated Adult – Houston Dram Shop Injury Lawyer
The purpose of the Dram Shop Act is to discourage providers of alcoholic beverages from serving alcoholic beverages to obviously intoxicated individuals who may inflict serious injury on themselves or others. F.F.P. Oper. Parters v. Duenez, 237 S.W.3d 680, 683 (Tex. 2007); Smith v. Sewell, 858 S.W.2d 350, 354 (Tex. 1993). A provider’s liability is direct because it is based on the provider’s own wrongful conduct.
Liability under the Dram Shop Act for providing an alcoholic beverage to an adult recipient does not require that the defendant’s provision of the alcoholic beverage contributed to the recipient’s intoxication. Therefore, the plaintiff is not required to prove the recipient actually drank the alcoholic beverage the defendant provided; simply proving the defendant provided the beverage is sufficient.
Providing Alcohol to Minor – Houston Dram Shop Injury Lawyer
The Dram Shop Act permits the recovery of damages from an adult who provides alcoholic beverages to a minor under the age of 18 who, as a result of intoxication, injuries another person. Tex. Alco. Bev. Code statute 2.02(c).
It is a violation of criminal law for most persons to sell or provide alcohol to a minor or to purchase alcohol for a minor. A parent, guardian, spouse, or custodian of a minor may purchase alcohol for or give alcohol to the minor if the person is visibly present when the minor possesses or consumes the alcohol.