Who’s Liable? Unpacking Fort Worth’s Dram Shop Laws for Bar Owners and Patrons
Alcohol-related accidents are unfortunately common in Fort Worth. When these incidents occur, victims may have a legal right to pursue damages not only from the intoxicated individual but also from the bar, restaurant, or venue that served them. That’s where Texas dram shop liability laws come into play.
These laws hold alcohol providers accountable under certain conditions. However, determining liability is far from simple. Whether you’re a victim or someone facing civil consequences after being overserved, it helps to understand what Texas law allows and doesn’t allow.
How Dram Shop Liability Works in Texas
Texas Alcoholic Beverage Code § 2.02 outlines the state’s dram shop law. This statute allows injured parties to hold bars and other establishments civilly liable if:
- The business served or sold alcohol to someone who was clearly intoxicated to the point they posed a danger to themselves or others; and
- The person’s intoxication was a proximate cause of the resulting injuries or damages.
This is a high standard. Simply showing that a person drank at a bar before causing a crash isn’t enough. Plaintiffs must provide evidence that the bar knew or should have known the person was dangerously impaired when they continued to serve them.
Social Host Liability: Different Rules for Private Gatherings
Unlike bars and restaurants, private individuals are not generally held liable under Texas dram shop laws. This is known as the social host exception. If an adult hosts a party and serves alcohol to other adults, they typically won’t face legal consequences even if one guest later causes an accident.
There is, however, one key “exception to the exception.” If the host knowingly provides alcohol to a minor under 18 who is not their own child, and that minor causes injuries, the host may be held liable. This provision underscores how seriously Texas law treats underage drinking.
Bar Owners Can Raise the “Safe Harbor” Defense
Bar owners in Fort Worth aren’t automatically responsible every time a customer causes an accident. Texas law gives them a potential defense known as the safe harbor rule.
To qualify for this defense, an establishment must prove that:
- It required all employees who served alcohol to complete a Texas Alcoholic Beverage Commission (TABC)-approved training program.
- The employee in question actually attended such a program.
- The employer did not encourage the employee to violate the law, whether directly or indirectly.
If these elements are met, the business may be shielded from liability.
What Compensation Can I Recover Under Texas’s Dram Shop Liability Laws?
If you were injured in a crash caused by a drunk driver who was overserved at a bar or club, you may be eligible to file a dram shop lawsuit in addition to a standard personal injury claim against the driver.
Through a successful claim, you could recover compensation for economic and non-economic damages, like:
- Medical bills and rehabilitation costs
- Lost income or reduced earning capacity
- Physical pain and mental suffering
- Property damage
Your attorney will investigate whether the alcohol provider acted irresponsibly and whether that conduct contributed to your injuries. If both can be proven, the bar may share legal and financial responsibility.
Contact a Fort Worth Personal Injury Lawyer at Parker Law Firm Injury Lawyers for a Free Consultation
Dram shop claims are fact-intensive and often heavily defended. However, if a bar or venue’s actions contributed to your injury, holding them accountable can help you recover financially and send a strong message about responsible alcohol service.
If you’ve been hurt in a crash involving an intoxicated person, contact Parker Law Firm Injury Lawyers to arrange a free consultation with a Fort Worth personal injury attorney.
For more information, please contact an experienced personal injury lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Bedford and Fort Worth, Texas.
Parker Law Firm Injury Lawyers – Bedford
2317 Plaza Pkwy #100,
Bedford, TX 76021
(817) 503-9200
Parker Law Firm Injury Lawyers – Fort Worth
209 N Hampton St,
Fort Worth, TX 76102
(817) 839-3143
