Dram shop claims arise when a bar, restaurant, nightclub, or alcohol-serving business overserves a visibly intoxicated person who later causes an injury or fatal crash. “Dram” comes from an 18th-Century British word for measuring liquor – hence, “dram shops.”

When it comes to personal injury claims, Texas law recognizes that alcohol vendors have a responsibility to serve patrons safely. When they violate that duty, and someone gets hurt, the injured party sometimes has a valid claim against the establishment – as well as the intoxicated individual who caused the harm. This type of claim is common in serious car crashes, pedestrian collisions, and other incidents where alcohol impairment plays a role.

What Is a Dram Shop Claim?

A dram shop claim is a civil personal injury action brought against an alcohol-providing business for negligently serving someone who was already obviously intoxicated. Under the Texas Dram Shop Act (Texas Alcoholic Beverage Code §2.01 – 2.03), the exact requirements per Texas law are that an establishment may be held liable if:

  1. It served, sold, or provided alcohol to a person who was obviously intoxicated to the point of posing a danger to themselves or others; and
  2. That intoxication was a proximate cause of someone’s injury or death.

The term “obviously intoxicated” refers to symptoms any reasonable server should recognize – slurred speech, stumbling, aggression, glassy eyes, or problems handling money or identification.

When is a Liquor Store Liable under Dram Shop Laws?

Overserving a Clearly Intoxicated Patron – If a bartender continues serving a customer who is visibly impaired, the business may be responsible if that customer causes a crash later that night.

Serving Minors – Establishments that sell alcohol to individuals under 18 or 21 (depending on circumstances) may face liability even if there were no obvious signs of intoxication.

Failing to Monitor “Last Calls” or Consumption – Busy bars and nightclubs may lose track of how much a patron has consumed. When injuries occur, video footage, receipts, and witness statements are often used to show patterns of overservice.

Encouraging Excessive Drinking – Promotions like drinking games, “all-you-can-drink” specials, or ignoring cut-off policies all increase the establishment’s responsibility.

What Kind of Injuries Do Dram Shop Claims Usually Involve?

Victims in dram shop cases often suffer severe, life-altering injuries because alcohol-impairment crashes tend to occur at high speeds or involve reckless behavior. Some of the most common injuries can include:

Pedestrians, bicyclists, and innocent third-party drivers are most frequently the ones harmed when bars overserve their customers.

Evidence Used in Dram Shop Personal Injury Cases

Successful cases rely on strong evidence. Attorneys typically investigate:

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  • surveillance video of the patron at the establishment
  • receipts showing number of drinks served
  • witness statements from bartenders or other patrons
  • driving history, BAC test results, and police reports
  • social media posts or photos from the night out
  • training records showing whether staff had required TABC certification

Time is critical – many businesses overwrite or delete video within days.

Can the Intoxicated Person Still Be Liable?

Yes. Dram shop claims do not replace claims against the drunk driver or intoxicated individual. Per §2.02. of the Texas Dram Shop Act:

“This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage.”

Instead, they add another responsible party who contributed to the dangerous situation. This often increases the total insurance coverage available to the injured victim.

Why Dram Shop Cases Are Important in Houston

Houston consistently sees high numbers of drunk-driving crashes along I-45, the Gulf Freeway, Beltway 8, and major nightlife areas. With thousands of bars and restaurants operating throughout the city, safe alcohol service is a public safety requirement. Dram shop claims hold negligent establishments accountable and help reduce preventable tragedies involving innocent drivers, passengers, and pedestrians.

What to Do If You Believe Your Injury Involves Overservice

If you suspect a bar or restaurant contributed to a drunk-driving crash:

  1. Seek medical treatment immediately.
  2. Contact a personal injury attorney experienced in dram shop cases.
  3. Avoid speaking with insurance companies before legal consultation.
  4. Preserve receipts, photos, and witness information from the night of the incident.

Dram shop investigations are time-sensitive, and early legal action is often the difference between proving overservice and losing key evidence.

Speak With a Houston Dram Shop Injury Attorney

The Law Offices of Hilda Sibrian represent victims injured in alcohol-related crashes throughout Houston. Hilda Sibrian serves the Houston metropolitan area, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper. Call our office today at 713-714-1414 or fill out our online contact form for more information.

Our team understands the complexities of dram shop law, knows how to secure evidence quickly, and fights to hold negligent establishments accountable.