When someone is injured at the hands of an intoxicated person who was overserved, Texas law allows the injured party to pursue legal action against the establishment responsible for pouring the drinks. These claims, known as dram shop cases, hold bars, restaurants, and retailers accountable when they continue serving alcohol to a person who is clearly intoxicated.
At Winocour Law, we represent individuals and families throughout East Texas who have been harmed in incidents involving over-service of alcohol. Whether the injury occurred after a vehicle collision, a fight, or another alcohol-related event, our Texas personal injury attorneys know how to investigate the circumstances and identify every party that may share responsibility.
Experienced Representation in East Texas Alcohol-Liability Cases
For more than a century, Winocour Law has been part of the fabric of Texas trial practice. Our firm is led by Jonathan Winocour, a Diplomate of the National Institute of Trial Advocacy and member of the National Trial Lawyers Top 100, and Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization.
Together, they bring decades of courtroom experience to complex alcohol-liability litigation. Our team works closely with investigators, toxicologists, and experts on Texas Alcoholic Beverage Commission (TABC) regulations to build compelling, evidence-based cases for our clients.
Our Dram Shop Case Results
$3m Settlement in a Texas Dram Shop Wrongful Death Action
$925k Settlement in a Texas Dram Shop Wrongful Death Action
$560k Settlement in a Texas Dram Shop Wrongful Death Action
The Texas Dram Shop Law
Under Texas Alcoholic Beverage Code § 2.02, an establishment that sells or serves alcohol can be held liable if:
- It provides alcohol to a person who is obviously intoxicated to the extent that they pose a danger to themselves or others; and
- That service is a proximate cause of another person’s injuries or death.
This law applies to more than drunk-driving cases. It also covers assaults, falls, and other incidents in which intoxication contributed to the harm.
Evidence in a dram shop claim may include receipts, security video, witness statements, or TABC inspection records showing prior violations or unsafe service patterns.
Learn more about enforcement and reporting through the Texas Alcoholic Beverage Commission.
Meet Our Attorneys
In drunk driving and dram shop accident cases, victims must contend with powerful insurance companies. Such adversaries require lawyers who can go head-to-head against them. Attorneys Jonathan Winocour and Mike C. Miller are eager to lead the charge.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour brings decades of experience in civil litigation, representing clients against corporations and insurers in high-stakes personal injury cases. He has secured multi-million-dollar settlements and jury verdicts in complex matters, including cases involving catastrophic injuries.
Jonathan is an active member of the Texas Trial Lawyers Association, American Bar Association, and American Association for Justice, and has been recognized in the Top 100 of the National Trial Lawyers Association.
Mike C. Miller, Of Counsel
Board-certified in Personal Injury Trial Law, Mike C. Miller focuses on personal injury matters, include dram shop liability actions.
Mike is a member of the Texas Trial Lawyers Association, State Bar of Texas, and American Board of Trial Advocates. He has tried numerous cases to seven-figure outcomes and has over 40 years of experience in Texas personal injury cases.
Who Can Be Held Liable Under TX Dram Shop Liability Law?
Potentially responsible parties in a Texas dram shop case include:
- Bars and nightclubs that serve obviously intoxicated patrons
- Restaurants or hotels hosting events where alcohol is sold
- Liquor and convenience stores that sell to visibly intoxicated customers
- Private hosts who knowingly serve minors under 18
Texas generally does not hold social hosts liable for serving adults. However, if a host knowingly serves alcohol to a minor under 18 who then causes injury, they may face liability.
How to Prove a Dram Shop Case
To bring a successful claim, your attorney must show:
- The offending party was “visibly intoxicated.”
- The actions of the “visibly intoxicated” person caused injury to the plaintiff; and
- The establishment defendant’s service was a contributing factor to the plaintiff’s injuries.
Indicators of “obvious intoxication” include slurred speech, staggering, loud or aggressive conduct, or an inability to focus.
Texas Dram Shop Timelines: Statute of Limitations
The statute of limitations for dram shop cases in Texas is typically two years from the date of the incident. Contacting counsel as soon as possible is recommended to avoid evidentiary pitfalls, such as erased surveillance footage and failing witness memory.
How Winocour Law Builds a Strong Claim
Each case begins with an independent investigation. Our attorneys gather:
- Surveillance video and purchase records
- Police and TABC reports
- Staff and witness interviews
- Medical and toxicology documentation
- Expert opinions on service standards and intoxication levels
We also evaluate whether the bar may attempt to use the “safe harbor” defense under TABC § 106.14, which can limit liability for businesses that properly train their employees and enforce service rules. If evidence shows that staff ignored training or served someone who was obviously impaired, that defense does not apply.
Frequently Asked Questions
- What qualifies as “obvious intoxication” under Texas law?
It means clear signs of impairment, such as slurred speech, poor balance, or erratic behavior that any reasonable server should notice.
- Can I sue both the intoxicated person and the establishment for negligence?
Yes. You can file separate claims against the person who caused your injury and the business that contributed by over-serving them.
- Do dram shop laws apply to assaults or fights?
Yes. If a visibly intoxicated patron injures someone in a fight or altercation, the establishment may still be liable.
- How long do I have to file a claim?
Usually, two years from the date of injury, though specific circumstances can affect deadlines.
- What does it cost to hire Winocour Law?
We work on a contingency-fee basis, which means you pay nothing unless we recover compensation for you.
Talk With an East Texas Dram Shop Attorney
Bars and restaurants that ignore alcohol-service rules put everyone at risk. Winocour Law stands with the people those choices harm.
If you’ve been injured by an intoxicated person anywhere in East Texas, contact our office at (214) 740-4848 or reach out online to schedule a free, confidential consultation.
We’re ready to help you understand your rights and pursue accountability under Texas law.