Dram Shop Liability Laws in Texas

Negligent alcohol service by bars, restaurants, and other establishments can lead to drunk driving liability in some situations. At Parker Law Firm Injury Lawyers, our Fort Worth personal injury lawyers help victims seeking to hold negligent bars accountable for wrongful death and personal injury claims.

With over 37 years of combined experience, our attorneys are seasoned trial lawyers in Fort Worth, Texas. Our law firm has recovered over $100 million in damages for clients through personal injury settlements and trial verdicts. Contact us today at (817) 510-9400 to schedule a free consultation with a Fort Worth dram shop liability attorney to discuss your case.

How Parker Law Firm Injury Lawyers Can Help with Your Dram Shop Injury Claim in Fort Worth

How Parker Law Firm Injury Lawyers Can Help with Your Dram Shop Injury Claim in Fort Worth

At Parker Law Firm Injury Lawyers in Fort Worth, Texas, we take a strong stance against bars and restaurants to hold them accountable when they violate dram shop laws. Attorney Brad Parker has fought for the rights of victims and their families for nearly four decades and is Board Certified in Personal Injury Trial Law by the Texas Board of Specialization.

When you choose Parker Law Firm Injury Lawyers, you can expect our Fort Worth personal injury lawyers to:

  • Thoroughly investigate the cause of your injuries to identify all parties who could be liable for damages
  • Document damages to correctly assess how much your dram shop liability claim is worth
  • Work with leading expert witnesses in their fields to gather evidence and strengthen your claim
  • File insurance claims and handle all matters related to an insurance settlement
  • Take your case to trial and fiercely argue your right to compensation for all damages caused by a party’s negligence and wrongdoing if a fair settlement cannot be negotiated

Our lawyers have top ratings with Avvo and Martindale-Hubbell. We are recognized by numerous national legal organizations, including The National Trial Lawyers Top 100 and Super Lawyers Top 100 Dallas/Fort Worth.

Call Parker Law Firm Injury Lawyers to schedule a free case evaluation with an experienced Fort Worth dram shop attorney today. 

Understanding Dram Shop Liability Laws in Texas

Under Texas Alcoholic Beverage Code §2.02, alcohol providers may be held liable if they serve, sell, or provide drinks to someone who is obviously intoxicated and that person later causes injury. Liability extends beyond drunk driving crashes—it can also apply to assaults, sex crimes, or other negligent or intentional acts committed while intoxicated.

Who Qualifies as an Alcohol Provider?

The law defines an “alcohol provider” broadly. It includes licensed or permitted businesses such as:

  • Bars and restaurants
  • Liquor and wine stores
  • Nightclubs and event venues
  • Individuals serving alcohol under a license or permit

Because of this wide definition, many establishments can face legal action if they overserve someone who is clearly drunk.

Signs of Obvious Intoxication

A dram shop case requires proof that the person served was “obviously intoxicated.” 

This can include:

  • Stumbling, swaying, or slurred speech
  • Drinking multiple shots quickly
  • Falling, passing out, or aggressive behavior
  • Inability to pay a bill or communicate clearly

Servers are expected to recognize these signs and take reasonable steps to stop serving alcohol when intoxication is apparent.

Determining Liability

Proving liability often depends on showing that servers ignored clear warning signs. Staff are trained to use tools like “Know Your Limit” blood alcohol charts, but they must also rely on their observations. Failing to act when intoxication is obvious can open the door to legal responsibility if an injury follows.

Proving a Bar, Restaurant, or Other Establishment Is Liable Under Fort Worth Dram Shop Laws

An attorney gathers evidence to prove that an establishment violated the law by overserving a customer. 

Evidence that can help prove a dram shop liability claim includes:

  • A timeline of service and the incident that caused your injuries
  • Security footage of the customer at the establishment
  • Witness statements about the customer’s behavior
  • Chemical tests for BAC levels
  • Receipts and records proving how much alcohol the customer consumed
  • Expert analysis of blood alcohol content and timing

Prompt investigation and evidence preservation are essential. The sooner an attorney is involved in your case, the better your chances of proving liability for a dram shop claim.

Damages for a Dram Shop Claim in Fort Worth, TX

Victims of alcohol-related injuries in Fort Worth may recover economic and non-economic damages through a dram shop claim or drunk driving accident lawsuit. 

Potential compensation includes:

  • Medical expenses and rehabilitative therapy
  • Lost wages and reduced earning potential
  • Pain, suffering, and emotional distress
  • Scarring, disabilities, or disfigurement
  • Loss of enjoyment of life and daily activities
  • Out-of-pocket costs tied to the injury

Injuries that commonly lead to claims include broken bones, internal organ damage, traumatic brain injuries, and spinal cord injuries. The value of damages depends on injury severity and case-specific factors.

Are There Defenses to Dram Shop Laws in Texas?

Establishments must stop serving patrons who are obviously intoxicated. However, Texas law provides limited defenses under the Safe Harbor provision (Alcoholic Beverage Code §106.14). 

An establishment may avoid liability if it shows that:

  • Employees completed a TABC-approved training program
  • The server who overserved had attended the program
  • The employer did not encourage or pressure employees to violate the law

Safe Harbor does not apply if the business fails to properly train staff, ignores required procedures, or promotes overserving.

Contact Our Fort Worth Dram Shop Liability Lawyers Today for a Free Consultation

Call Parker Law Firm Injury Lawyers to schedule your free consultation with a Fort Worth dram shop liability attorney. We pursue all parties responsible for your injuries to maximize the compensation available for your alcohol-related injury claim. We offer free consultations, so don’t hesitate to get help today.