When someone is injured because an intoxicated person was served too much alcohol, Texas law may allow the injured party to hold the establishment responsible. These cases, known as dram shop claims, help ensure that licensed alcohol providers adhere to the law and serve their customers responsibly.
At Winocour Law, we represent people in Nacogdoches and across East Texas who have been harmed because of negligent alcohol service. Whether the incident involved a car crash, an assault, or another alcohol-related event, our attorneys investigate every detail to identify the parties who share responsibility and hold them accountable.
Why Nacogdoches Chooses Winocour Law for Dram Shop Cases
For more than a century, Winocour Law has been part of the fabric of Texas trial practice. The 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 cases. Our attorneys are highly experienced with Texas Alcoholic Beverage Commission (TABC) regulations, local bar and restaurant practices, and the investigative process required to prove over-service. We collaborate with toxicologists, investigators, and industry experts to build robust cases, grounded in experience and bolstered by investigative evidence.
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
Understanding Texas Dram Shop Law
Under the Texas Alcoholic Beverage Code § 2.02, a business licensed to sell or serve alcohol may be held liable if:
- It serves alcohol to a person who is obviously intoxicated to the point that they present a danger to themselves or others, and
- That service is a proximate cause of another person’s injuries or death.
This law covers more than drunk driving. It can also apply when an intoxicated person causes harm in a fight, a fall, or another incident where alcohol over-service was a factor.
To prove a dram shop case, the connection between the alcohol service and the resulting harm must be clearly established through evidence such as bar receipts, surveillance footage, or witness statements.
For more information, visit the Texas Alcoholic Beverage Commission.
Common Situations Leading to Dram Shop Claims
Nacogdoches boasts a vibrant nightlife and college community, particularly around Stephen F. Austin State University, where alcohol service plays a part in many social settings.
Common situations that can lead to dram shop liability include:
- Drunk driving crashes after service at a local bar or restaurant
- Over-service at college bars or parties near campus
- Fights or assaults involving intoxicated patrons
- Underage service by bars, retailers, or event venues
Even small establishments can face liability if their employees continue to serve someone who is visibly intoxicated.
Who Can Be Held Liable Under Texas Dram Shop Laws
Potential defendants in a dram shop case include:
- Bars, nightclubs, and taverns that serve obviously intoxicated customers
- Restaurants or hotels that sell alcohol to impaired guests
- Liquor and convenience stores that sell to visibly intoxicated individuals
- Event venues or caterers that continue serving clearly impaired guests
Texas law generally does not impose liability on social hosts for serving adults. However, when a host knowingly serves alcohol to a minor under 18, they may be held legally responsible.
How to Prove Negligence in a Dram Shop Claim
A successful claim requires showing that the business continued serving someone who was visibly intoxicated and that this directly led to the injury.
Indicators of obvious intoxication can include slurred speech, unsteady movement, loud or aggressive behavior, or other clear signs of impairment.
Key evidence may include:
- Surveillance video and receipts showing alcohol purchases
- Witness and staff statements
- Police and TABC reports
- Medical and toxicology results
Texas law provides a two-year statute of limitations for filing a dram shop claim, under Texas Civil Practice & Remedies Code § 16.003. Because many establishments erase footage or lose records quickly, it’s best to contact an attorney as soon as possible.
The Safe Harbor Defense Against Nacogdoches Dram Shop Liability
Bars and restaurants sometimes claim immunity through the “safe harbor” defense under TABC § 106.14. This defense may apply if the business trained its employees in responsible service and enforced those rules.
However, if evidence shows that the staff ignored training or continued to serve an obviously intoxicated customer, the defense does not apply. Our Dallas personal injury lawyers are experienced in challenging these claims using documentation, expert analysis, and witness testimony.
Frequently Asked Questions About Dram Shop Cases
- What is considered “obvious intoxication”?
Any visible signs—such as slurred speech, poor coordination, or erratic behavior—that a reasonable person would recognize as intoxication.
- Can I sue both the drunk person and the bar?
Yes. Texas law allows you to file separate claims against both the individual and the establishment that contributed to the harm.
- Do dram shop laws cover assaults or fights?
They can. If a visibly intoxicated person injures someone in a fight, the establishment may share liability for continuing to serve them.
- How long do I have to file a dram shop claim?
Generally, two years from the date of injury, though earlier action is strongly advised to preserve key evidence.
- What does it cost to hire Winocour Law?
No. We handle these cases on a contingency-fee basis, meaning you owe no attorney fees unless we recover compensation for you.
Speak With a Nacogdoches Dram Shop Lawyer Today
Bars and restaurants that ignore alcohol service laws put others in danger. If you were injured by an intoxicated person in Nacogdoches or the surrounding area, you have rights under Texas law.
Contact Winocour Law at (214) 740-4848 or reach out online for a free, confidential consultation. Our attorneys will review your situation, explain your options, and help you pursue the accountability you deserve.