If you or someone you care about was injured or died in an alcohol-related accident due to a bar or restaurant’s negligence, you may be entitled to legal recourse. Our proven Dallas dram shop lawyers at Winocour Law can help you understand your rights under Texas law and pursue justice on your behalf.
Alcohol-related accidents often have devastating consequences. Serious injuries mean long recovery periods and significant financial losses. Whether the result of a DUI crash, bar fight, or alcohol poisoning, our team works to uncover the truth and support you every step of the way.
Meet Our Experienced Injury Lawyers
Winocour Law has been committed to seeking justice for injured Texans and is built on a deeply rooted legacy of courage, integrity, and unwavering dedication to our clients. Led by Jonathan Winocour, the firm continues to ensure that the law remains a shield for the vulnerable, not a weapon for the powerful.
Our approach is based on:
- Strategic, tenacious legal analysis
- Trusted reputation among peers and judges
- Authentic investment in each client’s outcome
- Calm, compelling courtroom presentation
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour is the founder and principal attorney of Winocour Law, where he brings over two decades of tenacious courtroom experience to victims of negligent alcohol service across Texas. He has developed a national reputation for handling high-stakes civil litigation—particularly in Texas Dram Shop wrongful death cases, with settlements ranging from $340,000 to $3 million. He is a regular speaker at MADD/TABC roundtables on impaired driving and civil liability, reinforcing his leadership in this complex area of law.
Recognized as a Diplomate of the National Institute of Trial Advocacy and a Top 100 Trial Lawyer, Jonathan’s track record includes multimillion-dollar verdicts and settlements in significant torts. His courtroom acumen is matched by his deep commitment to client justice.
Licensed in all Texas state courts and multiple federal jurisdictions, Jonathan combines legal excellence with a tireless dedication to client advocacy. Whether negotiating settlements or litigating against major insurers and negligent establishments, he is known for delivering results that reflect both skill and principle.
Mike C. Miller, Of Counsel
Mike Miller is a board-certified personal injury lawyer with over 40 years of trial experience, including winning major settlements in Dram Shop liability cases. He’s handled claims against bars that over-served alcohol and caused serious or fatal crashes, securing justice for victims and their families.
Known for his sharp trial instincts and no-nonsense litigation style, Mike has earned an AV Preeminent rating and helped recover millions in complex cases involving brain injuries, wrongful death, and catastrophic incidents. He’s also a respected leader in the legal field, having served on the Texas Trial Lawyers Association board and teaching at top advocacy programs.
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 Laws
Texas dram shop liability refers to a legal doctrine that allows injured parties to hold alcohol-serving establishments responsible when they serve a visibly intoxicated person who later causes harm.
Under Texas Alcoholic Beverage Code § 2.02, a business may be liable if alcohol was sold or served to someone who was obviously intoxicated, or when intoxication was a foreseeable cause of subsequent injuries or damages.
Important Threshold Matters in Dram Shop Claims
Successfully pursuing a dram shop case in Texas requires the correct application of procedural rules and certain defenses that could affect your ability to recover compensation. For example:
- Statute of Limitations: There are time limitsto take legal action. You typically have two years from the date of the incident to file a claim.
- Safe Harbor Defense: This legal protection is available to establishments that follow specific employee training and supervision protocols.
- Exceptions to Safe Harbor: The defense is not available to all establishments, especially those with documented TABC violations or a pattern of negligence.
Our team has successfully developed multiple tactics to defeat Safe Harbor Defense. When you retain Winocour Law, we make sure the deadlines are met, liable parties are revealed, and proper defenses are raised.
Types of Dram Shop Cases We Handle
Our firm handles a wide variety of alcohol-related injury cases, including:
- Fatal alcohol-related accidents: Supporting families through wrongful death claims
- DUI accident victims: Injuries caused by drivers who were overserved at bars or restaurants
- Third-party injuries: Harm caused to individuals not involved in drinking, like pedestrians or other motorists
- Bar fight injuries: Assaults fueled by overconsumption in unsafe environments
- Alcohol poisoning incidents: Especially among underage patrons or those served recklessly
- Underage service cases: Where bars illegally serve minors, often leading to serious consequences
As trusted Dallas liquor liability attorneys, we highlight patterns of negligence in nightlife areas like Deep Ellum, Lower Greenville, and Uptown, where over-service is an ever-present concern.
What Sets Winocour Law Apart
Choosing the right law firm can significantly affect the outcome of your dram shop case. Here are just some reasons why so many local residents choose our firm.
- Record of success in bar negligence claims
- Strong network of investigators, medical professionals, and other expert witnesses
- Aggressive evidence-gathering and case-building approach
- Long-standing relationships with our local legal community, Dallas courthouse folks, and strong bonds throughout the Texas jurisdictions
- Free consultations
- We collect no fees unless we win your case
If you believe your injuries or the death of a loved one was caused by a bar or restaurant’s negligence, don’t wait. We are here to investigate, support, and advocate for you.
Proving a Texas Dram Shop Case
Establishing liability under Texas dram shop laws requires a meticulous investigation of all the events leading up to the point at the injury occurred. Our investigators will be looking for:
- Surveillance footage from inside the establishment
- Witness statements from staff and patrons
- Confirmation of visible signs of intoxication, such as slurred speech, stumbling, or aggressive behavior
- TABC violation history and prior citations for over-service
- Receipts and time-stamped purchase records that show excessive or rapid alcohol sales
Our relationships with credible local experts and researchers also give us an edge in identifying patterns of unsafe alcohol service to present the most compelling case.
Possible Compensation Available
In dram shop claims, compensation can vary based on the severity of the harm, the nature of the injuries, and the specific facts of the case. Our team takes a comprehensive approach to evaluating damages, ensuring that no aspect of your losses goes unrecognized.
Whether you’re facing medical bills, emotional trauma, or the loss of a loved one, we work diligently to pursue every avenue of recovery available under Texas law:
- Medical expenses: These include coverage for emergency treatment, surgeries, hospital stays, rehabilitation, and ongoing care needs. In serious cases, victims may require long-term therapy or specialized support, all of which can be factored into your claim.
- Lost wages and reduced earning capacity: If your injuries have forced you to miss work or permanently affected your ability to earn a living, we seek compensation for both current income losses and the long-term financial impact. This is especially critical for victims with disabling or chronic injuries.
- Pain and suffering: Beyond physical injuries, many victims experience lasting emotional and psychological effects. We account for trauma, anxiety, and reduced enjoyment of life, which can profoundly affect your well-being and relationships after the incident.
- Wrongful death damages: If a loved one was killed due to alcohol over-service, eligible family members may pursue damages for funeral expenses, loss of financial support, and the emotional toll of the loss. These cases are among the most complex and sensitive, and we do so with care and dedication.
- Property damage: In many cases, especially involving DUI accidents, vehicles or other personal property are destroyed. We work to recover the cost of repairs or replacement, so you are not burdened with out-of-pocket expenses caused by someone else’s negligence.
While no amount of compensation can undo the harm done, a successful claim can provide a sense of relief, stability, and justice in the aftermath of a tragic alcohol-related incident. Our caring and experienced Dallas personal injury lawyers are committed to helping you achieve accountability and the financial support you need to move forward.
Contact Winocour Law today to schedule a confidential, no-obligation consultation with our team.
Frequently Asked Questions: Dram Shop Lawsuits
How do I prove the bar overserved the customer?
As your attorney, we look for evidence of obvious intoxication, such as slurred speech or impaired behavior, as well as witness accounts and video footage, if available. We also investigate alcohol purchase records and any prior TABC violations tied to the establishment.
What are the common signs of a TBI?
Symptoms include memory loss, confusion, headaches, mood swings, sleep issues, and difficulty concentrating. Severe cases may involve seizures or unconsciousness.
What if the intoxicated person was uninsured?
A dram shop claim allows you to seek damages from the establishment, not just the individual responsible. This can be a critical option when the at-fault party lacks insurance or personal assets.
Can I sue more than one business?
Yes. If multiple establishments served the same patron, each could be partially liable depending on the timeline and evidence. We work to uncover the full sequence of events to determine how each party contributed to the incident.
How long do I have to file a dram shop lawsuit?
The statute of limitations in Texas is generally two years from the date of the injury or incident. Some exceptions may exist, so check with an attorney at Winocour Law for clarification. Acting early helps protect vital evidence and strengthens your case.
What does “Safe Harbor” mean?
It’s a defense that shields establishments that train staff and enforce rules to prevent over-service. We evaluate whether a bar’s conduct meets those standards and challenge this defense when training protocols are ignored or poorly enforced.