Key Takeaways: What Every Dram Shop Accident Victim Should Know
- A bar, restaurant, or other alcohol seller can be held liable under the Texas Dram Shop Act if they served alcohol to a patron who was already obviously intoxicated and that intoxication led to your injuries.
- You have two years to file a dram shop claim in Texas, the same deadline that applies to most personal injury lawsuits in the state.
- Multiple parties may share responsibility, including the drunk driver and the establishment that overserved them — a thorough investigation can uncover evidence like surveillance video, receipts, and TABC records before they disappear.
- Hiring Simmons & Fletcher gives you a legal team with decades of experience fighting drunk driving and dram shop cases, with no fees unless we win your case.
What is Dram Shop Liability?
Dram Shop Liability is the legal liability that a bar, restaurant, or other seller of alcohol has for serving alcohol to a person who has already become obviously intoxicated. States have enacted statutes to place a higher burden on those who profit from alcohol sales to take precautions to prevent people from driving while intoxicated. These laws are known as ‘Dram Shop Acts’ and are named for the ‘Dram,’ which is one measure of alcohol. In Texas, they are found in the Texas Alcoholic Beverage Code, Chapter 2.
When Do I Need a Dram Shop Lawyer?
A dram shop lawyer may be able to help you anytime there is evidence that:
- a person drank at a place of business,
- to the extent that he became obviously intoxicated,
- was served alcohol beyond the point of obvious intoxication,
- was permitted to leave and drive away, and
- caused an auto collision resulting in serious injuries to themselves or others.
In the video below, attorney Paul H. Cannon explains the Texas Dram Shop Liability law:
Video Summary:
Houston dram shop lawyer Paul H. Cannon of Simmons and Fletcher, P.C. explains who can and cannot be held liable under Texas’s Dram Shop Act, how a bar’s safe harbor defense can be defeated, and why the real deadline in these cases is not the two-year statute of limitations but the roughly thirty-day window before key evidence disappears.
Why Hire Simmons and Fletcher, P.C., as Your Houston Dram Shop Accident Lawyer?
Our law firm has been fighting for victims of drunk driving accidents since 1979. If you were hit by a drunk driver who was overserved by a bar, restaurant, beer garden, or other business, or who was underage and sold alcohol by any business, we have the knowledge and experience you need to investigate the negligence of the bar and the driver. You owe it to yourself to speak with a dram shop lawyer in Houston who:
- Offers a 100% free consultation.
- Offers meetings via Zoom, phone, in person, or another convenient method.
- Charges no fees or attorney expenses unless you recover money.
- Has extensive knowledge and experience in helping accident victims.
Simmons and Fletcher, P.C. is that law firm. Call us today at (713) 932-0777 to set up your free consultation.
Key Questions to Ask in Evaluating Whether You Need to Talk to a Dram Shop Lawyer
In determining whether you may have a dram shop claim, there are several questions you need to ask:
- Did the other driver receive a DUI? If the driver who caused the wreck received a DUI, that should be the first red flag that you consider a dram shop claim.
- What was the driver’s BAC? In order to know how intoxicated a driver was at the time he left a bar, you need to know his blood alcohol concentration at the time he left the bar. Police will try to get this as close to the time of the wreck as possible, but it may not help if the driver left the bar and drove around for a while before the wreck. In order to determine the drunk driver’s BAC at the time he left the bar, generally, you need an expert toxicologist to extrapolate the BAC back to the time he left the bar, and you need some evidence of when he left the bar. That evidence may come from video, Google check-ins, eyewitnesses, credit card receipts, or bar receipts.
- Where was the other driver drinking? Identifying the bar or club where a drunk driver came from may also be a challenge because drunk drivers often hide behind the 5th Amendment and refuse to disclose this evidence immediately. They obviously do not want the police to use it against them. As a result, dram shop claims often require extensive investigation to identify the drinking location. If you know the drunk driver was drinking at a bar, or you simply do not know the answer, get a free consultation with a Houston dram shop lawyer about your options.
Other Considerations When Deciding Whether to Get an Opinion From a Houston Dram Shop Attorney
If there is no direct evidence available as to where the driver was drinking before he took the wheel, circumstantial evidence may be the best way to determine where he drank. Here are some questions to ask yourself that may be a clue to the dram shop bar’s identity:
- Did the police indicate whether the intoxicated driver stated where he came from?
- What time of day/night did the collision happen? Bars typically close around 2 a.m.; if the accident was early morning, this may indicate whether the individual was consuming alcohol in a public bar, club, or restaurant.
- What day of the week did the collision occur? Friday and Saturday nights are the busiest nights for bars and clubs, so DUI collisions in the early hours of Saturday and Sunday may indicate the driver came from a bar, club, or restaurant.
- Did the driver admit to where he consumed the alcohol to any witnesses?
- How was the driver dressed at the time of the collision? While attire will not tell you exactly where the person was drinking, it may tell you if it is worth looking into. Was the DUI driver dressed as if he came from clubbing, a sporting event, or a wedding reception? These may indicate a dram shop was involved.
If you have any reason to suspect a dram shop overserved the drunk driver, you should get a free consultation with a qualified dram shop accident lawyer.
Alcohol Sales and Liability Statistics
The sale of alcohol is a billion-dollar industry in the United States. Unfortunately, some bars put profits over safety. Historical numbers (2019-2023) show that 30.7% of all fatal accidents in Harris County involved alcohol-impaired driving. This is roughly 5% higher than the statewide average of 25.5%. Even though there are dram shop laws prohibiting the sale of alcohol to obviously intoxicated persons, many of those drunks were overserved at a bar before they got on the road and killed someone.
Who Can Bring a Dram Shop Claim? When a bar overserves a patron resulting in a drunk driving accident, any person injured by the drunk driver’s actions has a right to bring a dram shop lawsuit against the place that provided the alcohol. This includes people in other cars, pedestrians, passengers in the intoxicated driver’s car, and even the intoxicated driver in some cases. If the victim is killed in the accident, his/her spouse, children, and parents have a wrongful death claim. (In some states other than Texas, the siblings also have a claim.)
Common Dram Shop Injuries
Accidents caused by drunk drivers are some of the worst accidents on the road. When a dram shop allows a drunk to take the wheel, he may weave across lanes, drive the wrong way, travel at unsafe speeds, or take any number of unsafe actions he might not otherwise take if sober. Some of the injuries we see as a result of these collisions include:
- Amputation/Limb Loss
- Back, Neck, and Spine Injury
- Bone Fracture
- Burns
- Ruptured Spleen
- Traumatic Brain Injury
- Temporomandibular Joint Injury (TMJ)
If you have sustained serious injuries, call a Houston dram shop lawyer today.
What Damages Are Available From a Dram Shop Lawsuit?
A dram shop lawsuit offers the same damages available under personal injury law and wrongful death statutes. The following are the most commonly sought damages in a dram shop lawsuit:
- Past and future medical expenses that you incur due to the injuries caused by the wreck that occurred as a result of a person being overserved and allowed to drive.
- Past and future pain, suffering, and mental anguish endured due to the collision. This may be the typical emotional and physical trauma that accompanies any injury, or it may extend to emotional losses such as the loss of a loved one due to a driver being overserved.
- Past and future physical impairment suffered by the victim of a dram shop accident, such as inability to carry out normal activities due to a limb loss or other permanent injury that impairs movement.
- Past and future lost earnings and earning capacity suffered by the individual harmed by the drunk driver and the dram shop.
- Wrongful death damages–including funeral costs, loss of companionship, loss of support, loss of society, and emotional distress due to the loss of a loved one.
Houston Dram Shop Data & Statistics
Houston is a large city with roughly 801 bars spread throughout the city. However, bars are more concentrated in some areas than others. Major bar-heavy districts include Downtown Main Street, Washington Avenue, Midtown, the Richmond Strip, and the 20th Street area in the Heights. The majority of crashes tend to happen on Saturday and Sunday mornings between 12:00 am and 2:59 am, with 2:00-2:59 being the worst hour for the most wrecks of the day for good reason. Thus, it is wise to avoid driving in the heavy bar areas during those high-risk times if you want to avoid encountering a drunk driver on the road. According to TXDOT, in 2025 there were 1860 DUI related car crashes in the city of Houston.
Related Resources
The following pages provide helpful information related to dram shop claims.
- Using Social Media To Overcome the Safe Harbor Provision Of the Dram Shop Act. Learn how our Dram shop attorneys used a Houston bar’s social media post to destroy its safe harbor defense.
- Texas Alcohol Liability Laws and Teenage Drinking and Driving. Teenage drinking at bars or homes is not treated the same as adults.
- How to Prove Obviously Intoxicated Under the Texas Dram Shop Act. Holding a bar or restaurant liable for overserving a drunk means you must establish that they were obviously intoxicated. Learn what evidence proves this required element of the cause of action.
Speak to a Houston Dram Shop Lawyer
Dram shop claims are not just like any other car accident case. As you can imagine, evidence proving that bar or restaurant management encouraged patrons to overserve alcohol can be difficult to find. The more time that passes, the harder it may be to find this information. That is why it is important to promptly hire an attorney who can take steps to preserve video recordings, credit card receipts, and other evidence before they disappear. Don’t wait another moment. Call Simmons and Fletcher, P.C. today if you or someone you love has been a victim of a drunk driving accident. (713) 932-0777.
FAQ's
When is a bar or restaurant liable for overserving alcohol to an intoxicated person in Texas?
Under the Texas Dram Shop Act, restaurants, bars, and other sellers of alcohol are prohibited from serving alcohol to a person who is already obviously intoxicated. A seller of alcohol is liable for overserving alcohol under the Dram Shop Act if, at the time the provider sold or served the alcohol, it was apparent to the provider that the recipient was obviously intoxicated to the extent that he presented a clear danger to himself and others, and the intoxication of that individual proximately caused the damages suffered.
The injured victim and his/her dram shop lawyer must prove obvious intoxication, causation, and damages.
Who pays a Dram Shop case settlement?
It is common for responsible bar owners and restaurant owners to carry liquor liability insurance to protect themselves in the event of a dram shop case arising. Smaller bars sometimes gamble and do not carry the proper insurance. However, insurance adjusters who defend these cases do not pay claims easily.
How much insurance do bars and restaurants typically have for Dram Shop liability?
It is very common in dram shop liability cases for a bar to have 1,000,000.00 in liquor liability insurance coverage. Sadly, the small dive bars often do not carry insurance. They simply gamble on not causing a major accident and when they do, they file bankruptcy and close down.
Do you also sue the driver in Dram Shop cases?
Yes. The best way to protect your interests is for your Dram Shop lawyer to file your lawsuit against both because both have legal responsibility for their conduct.
What is the Safe Harbor Defense to Dram Shop liability?
Businesses that serve alcohol can avoid some responsibility for employees’ actions overserving people under the Dram Shop Act under a provision known as the Safe Harbor Defense. Under the Safe Harbor Defense, an employer cannot be held liable for the actions of its employee who sells alcohol to an obviously intoxicated person if:
The employer requires their employees to take a two-hour training course from the Texas Alcoholic Beverage Commission on alcohol serving and awareness;
The employee who serves does, in fact, take the course, and;
The employer does not directly or indirectly encourage the employees to overserve alcohol.
Who bears the burden of proof on the Safe Harbor defense?
In a civil liability case, the employer must prove that employees are required to take a two-hour training course on overserving and that the employee actually took the course. The victim and her dram shop attorney bear the burden of proof to establish that the employer directly or indirectly encouraged the sale of alcohol to already intoxicated persons.
Are managers/owners protected by the Safe Harbor defense?
The Safe Harbor Defense is somewhat unclear as to what happens if the bar or restaurant owner or manager himself serves an obviously intoxicated person. In 20281, Inc. v. Parker, the Texas Supreme Court provided guidance on this issue. In that case, the Texas Supreme Court opined that vice-principals were the employer, not the employee, for purposes of the Texas Dram Shop Act. As a result, the Texas Dram Shop Safe Harbor Defense does not even apply to protect them. While the Court gave a definition of vice-principal that clearly included persons placed in the management of all or part of another person’s business, it declined to decide whether a pool hall manager was a vice-principal in that case. However, this is likely because the case had already been decided by another issue, and giving such an opinion would likely be considered an inappropriate advisory opinion. In any event, this case is a strong indicator that management personnel will be held to a higher standard when it comes to overserving obviously intoxicated patrons. The Texas Dram Shop Act and its limitations apply in a vicarious liability situation where the server is an employee for whose actions the bar is being sued, not where the vice-principals in the bar are sued for their own conduct.
What is the statute of limitations on filing a dram shop lawsuit?
Dram Shop statutes of limitations tend to follow the state personal injury (tort) statute of limitations. In Texas, the tort or personal injury statute of limitations for adults is generally two years from the date of the auto accident that caused the injuries. In some states, like Louisiana, the statute of limitations runs after one year from the date of the wreck.
