Texas law places limits on how alcohol may be served, and when those limits are ignored, people can be seriously injured. Under Texas dram shop statutes, an establishment may be held responsible when it continues serving alcohol to a patron who is clearly intoxicated and later contributes to the harm of another.
At Winocour Law, we represent individuals and families in Longview and throughout East Texas in claims involving negligent alcohol service. Our work focuses on determining whether a bar, restaurant, or other licensed provider violated its legal obligations—and whether that violation played a role in a crash, assault, or other injury-causing event.
Longview Turns to Winocour Law for Dram Shop Liability Cases
For more than 135 years, Winocour Law has been part of Texas trial practice, representing people harmed by institutional negligence and unlawful conduct. Dram shop cases require a detailed understanding of Texas Alcoholic Beverage Commission regulations, familiarity with local service practices, and the ability to prove liability when establishments deny wrongdoing.
The firm is led by Jonathan Winocour, a Diplomate of the National Institute of Trial Advocacy and a member of the National Trial Lawyers Top 100. He has litigated dram shop and wrongful death cases throughout Texas and regularly participates in MADD- and TABC-sponsored discussions addressing impaired driving and civil alcohol liability.
Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization, brings decades of courtroom experience to alcohol-liability litigation. His background includes catastrophic injury and wrongful death cases where careful preparation and trial readiness were central to the outcome.
Together, our attorneys bring:
- Experience navigating TABC regulations and enforcement practices
- Familiarity with East Texas courts, including cases arising in Gregg County
- Established relationships with toxicologists, investigators, and industry experts
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
What Is a Dram Shop Case Under Texas Law?
Dram shop liability in Texas is governed by Texas Alcoholic Beverage Code § 2.02. A licensed alcohol provider may be held liable if:
- It served alcohol to a person who was obviously intoxicated to the point of presenting a danger; and
- That service was a proximate cause of another person’s injuries or death.
These claims extend beyond drunk-driving crashes. Dram shop liability may also arise from assaults, falls, or other alcohol-related incidents when continued service contributed to the harm.
Common forms of evidence include:
- Point-of-sale and bar tab records
- Surveillance footage
- Witness and employee statements
- Police reports and TABC investigative records
- Toxicology analysis
Early legal involvement matters in dram shop cases. Contact us before evidence is lost.
Who May Be Held Liable in a Longview, TX Dram Shop Claim?
Each case filed against so-called “dram shops” turns on whether visible intoxication was present and whether service decisions contributed to the injury.
Potentially responsible parties include:
- Bars, taverns, and nightclubs
- Restaurants that serve alcohol
- Event venues and caterers
- Retailers that sell alcohol to visibly intoxicated individuals
Texas generally does not impose liability on social hosts who serve adults. However, knowingly providing alcohol to a minor under 18 may create civil liability.
How Does Comparative Negligence Affect a Dram Shop Case?
Texas applies a modified comparative negligence standard under Texas Civil Practice & Remedies Code § 33.001. An injured person may recover damages if they are less than 51% responsible for the incident. Any recovery is reduced by the percentage of fault assigned to the claimant.
Because fault allocation can significantly affect recovery, dram shop cases require careful evidence development and strategic presentation.
What Compensation Is Available?
Depending on the facts, compensation may include:
- Medical expenses and future care needs
- Lost income and diminished earning capacity
- Physical pain and mental anguish
- Wrongful death damages for surviving family members
In limited circumstances, Texas law permits exemplary damages when an establishment’s conduct is particularly reckless.
FAQs About Longview Dram Shop Cases
How do I prove a bar overserved someone?
By establishing visible intoxication through receipts, surveillance footage, witness testimony, and expert analysis, and linking continued service to the injury.
What if the intoxicated person has no insurance?
A dram shop claim focuses on the establishment’s conduct, not solely on the driver’s insurance coverage.
Can multiple establishments be sued?
Yes. If more than one provider contributed to the overservice, liability may be shared.
What is the statute of limitations?
Most dram shop claims in Texas must be filed within two years of the injury.
How does the safe harbor defense apply?
Under TABC § 106.14, businesses may claim protection if they properly trained staff and enforced service rules. The defense does not apply if employees ignored obvious intoxication. Learn more about the safe harbor defense here.
Speak With a Longview Dram Shop Lawyer Today
Dram shop cases depend on timely investigation and careful evidence preservation. Surveillance footage, transaction records, and witness recollections can be lost quickly.
If you or a loved one was injured by an intoxicated person in Longview or the surrounding East Texas area, contact Winocour Law to discuss whether Texas dram shop laws apply. Our Dallas-based personal injury lawyers are standing by to help. Consultations are free and confidential.
