Dram shop liability in Texas is a part of the law that says an establishment that sells alcohol can be held responsible for damages if it sells alcohol to someone who is obviously intoxicated and that individual causes harm or property damage to another person.
If you own a bar, restaurant, or other establishment that sells alcohol and are facing charges under the Texas Dram Shop Act, don’t panic. Instead, hire an experienced Texas criminal defense lawyer and get started on your defense case. An attorney can build a solid case on your behalf and protect you from a serious conviction.
Parties That the Dram Shop Liability Act Applies to in Texas
As mentioned above, the Dram Shop Act in Texas applies to all bars, restaurants, and other establishments that have a license or permit to sell or serve alcohol. That said, the law also applies to any party who sells alcohol to a customer.
Whether you’re the owner of a bar, liquor store, or another business that provides consumers with alcohol, you’ll want to familiarize yourself with dram shop liability. Not only will understanding this law help you avoid legal issues, but it will also help you make your community a safer place to live.
If you’re facing charges related to dram shop liability, you could face serious consequences, and your business could also have its liquor license revoked. To protect yourself and your place of work, you’ll want to speak to an experienced attorney ASAP. They can explain the Texas Dram Shop Act and protect you from a severe conviction.
Examples of Dram Shop Liability in Texas
Understanding which situations and scenarios could pose a legal risk for your bar or establishment can help you avoid legal issues in the future. One example of a violation of the Texas Dram Shop Act would be if you own a bar and a bartender continues to serve alcohol to a patron who is clearly intoxicated or exhibiting behavior that makes them a danger to others.
If that patron drives home and causes an accident or commits intoxicated manslaughter, you could be held liable for the victim’s medical bills, auto repair costs, and other losses. Another example would be if you own a liquor store and sell a bottle of alcohol to a customer who is slurring their words and unable to walk in a straight line.
If an obviously intoxicated customer hurts anyone on their way home, whether they are driving a car, motorcycle, or even a bicycle, your store could be held responsible. Many scenarios could fall under the Dram Shop Act, so it’s important to familiarize yourself with state law and make sure your establishment is operating within the restrictions of the law.
Damages Under the Texas Dram Shop Act
If your bar, restaurant, or establishment is charged with violating the Dram Shop Act, you could be responsible for a handful of damages. If found guilty, you may have to provide the victim(s) with the following forms of compensation:
- medical bills
- lost wages
- property damage compensation
- emotional distress
- pain and suffering
These damages can seriously affect your finances and your place of work. To avoid the serious consequences associated with dram shop liability in Texas, you’ll want to work with a trusted attorney. A lawyer can take a number of actions to protect you from damaging legal consequences.
How a Criminal Defense Lawyer Can Help You
If your business is under investigation or is facing legal issues due to a violation of the Dram Shop Act, reach out to a criminal defense attorney as soon as you can. Here’s what a lawyer can do to help you avoid a serious legal punishment:
- Investigate the situation that has led to the charges you’re facing
- Gather important forms of evidence, including video footage, witness testimony, police reports, and more
- Use evidence to construct a sound defense strategy
- Negotiate with prosecutors to get charges reduced
- Represent you in court
- Offer advice throughout the legal process
- Answer any questions you have about your case or the charges you’re facing
Schedule a Free Consultation With a Skilled Lawyer
At the Law Offices of Randall B. Isenberg, we understand that facing legal matters like dram shop liability can be frustrating, but acting soon could help you avoid a lot of grief. The sooner you reach out to an experienced attorney, the sooner they’ll be able to start building a defense case on your behalf.
Contact our attorneys today to schedule a free consultation and learn more about what dram shop liability in Texas is. We’ll meet with you to discuss your unique situation, explain the laws that apply to your business, and advise you on your best course of action moving forward.