Austin, Texas, Dram Shop Liability Lawyers
When innocent people are killed or injured by drunk drivers, the responsibility lies not only with the person who chose to drink and drive, but also with the bar or restaurant that continued to serve alcohol to the intoxicated person.
At the law firm of Leonard B. Gabbay, P.C. in Austin, Texas, our lawyers represent the victims of drunk driver accidents. In seeking compensation for our clients, we will not stop with the drunk driver and their insurance company. If the drunk driver had been over-served alcohol at a bar or restaurant, we will also look at making the establishment responsible for placing profits over the safety of the community.
When you look at the drink menus of popular restaurants, it is not surprising that they make a large percentage of their profit from liquor sales. These establishments often go out of their way to promote the over-consumption of alcohol through happy-hour promotions and by up-selling their customers on super-sized drinks.
Dram shop liability and Texas law
The area of law that holds liquor-serving establishments responsible for accidents caused by drunk patrons is called dram shop liability. A dram shop is a legal term for any establishment that serves alcoholic beverages to the public.
In 1987, the Texas Supreme Court first imposed a duty on bars and restaurants not to serve alcoholic beverages to people they know or should know are intoxicated. By doing so, it gave people the ability to seek damages from bars or restaurants if they were injured by someone who was overserved alcohol in an establishment.
However, in F.F.P. Operating Partners v. Xavier Duenez, et al, 237 S.W.3d 680, 710 (Tex. 2007), quoting Slager v. HWA Corp., 435 N.W.2d 349, 357 (Iowa 1989), the Texas Supreme Court recently backed away from dram shop liability by saying that Texas juries should allocate fault between the drunk driver and the dram shop. In doing so, the justices said in part, "juries are likely to assign most, if not all, of the responsibility…to the intoxicated patron."
Unless the Texas state Legislature acts to protect the rights of DWI accident victims, the new Texas Supreme Court ruling could make it harder for DWI accident victims to recover compensation from Texas dram shops.
Free DWI accident attorney consultation
For a free initial consultation about bar and restaurant negligence, call a lawyer at our firm or fill out our simple contact form.
We have offices in Austin and Houston. All meetings are by appointment only. From our offices in Austin and Houston, we will travel to drunk driver accident victims throughout Texas.
