When a drunk driving crash or alcohol-related assault causes serious injury or death, the person who caused the harm is not always the only party whose conduct matters under Texas law. In certain circumstances, the business that served the alcohol may also bear legal responsibility.
At Winocour Law, we help individuals and families across Dallas and East Texas understand how the Texas Dram Shop Act applies to drunk driving accidents, bar fights, and other injuries caused by alcohol over-service. These cases are governed by statute, require careful evidence development, and often involve defenses raised early by bars and their insurers.
Our role is to explain the law clearly, thoroughly investigate the facts, and pursue accountability as permitted by the statute.
If alcohol over-service may have contributed to your injury or loss, we offer free, confidential consultations.
Winocour Law Brings Unique Depth of Experience to Victims of Alcohol-Related Injuries
For more than 135 years, Winocour Law has represented Texans harmed by conduct that endangers public safety. Our dram shop practice reflects a longstanding focus on alcohol-related injuries, regulatory accountability, and evidence-driven litigation.
Led by Jonathan Winocour and Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer, the firm brings decades of experience handling dram shop, catastrophic injury, and wrongful death cases across Dallas and East Texas. We approach these matters with careful investigation, statutory precision, and a clear commitment to holding alcohol providers accountable when the law permits.
What Is the Texas Dram Shop Act?
The Texas Dram Shop Act, codified in Texas Alcoholic Beverage Code § 2.02, allows an injured person—or their surviving family—to bring a civil claim against a licensed alcohol provider when:
- The provider served alcohol to a person who was obviously intoxicated to the extent they posed a danger to themselves or others; and
- That service was a proximate cause of another person’s injuries or death.
“Dram shops” refer to establishments such as bars, restaurants, nightclubs, and other businesses licensed to sell or serve alcohol. The statute applies to drunk driving crashes, assaults, falls, and other alcohol-related injuries when over-service plays a causal role.
How Does the Texas Dram Shop Act Apply to Drunk Driving Accidents?
When someone is injured or killed by a drunk driver, the most obvious claim is against the driver themselves. That claim focuses on the driver’s conduct—driving while intoxicated, violating traffic laws, and causing harm.
The Texas Dram Shop Act addresses a different source of responsibility. It allows an injured person or surviving family to pursue a claim against the alcohol provider when the risk did not begin solely behind the wheel, but earlier, at the point of alcohol service. In those cases, a dram shop claim may proceed alongside the claim against the driver, based on the establishment’s own conduct rather than the driver’s.
This distinction matters because many drunk driving cases involve drivers with limited insurance or assets. The Dram Shop Act acknowledges that, under certain circumstances, accountability may extend to a bar, restaurant, or other licensed provider whose service decisions contributed to the danger that ultimately resulted in injury or death.
Who Can Be Held Liable Under the Dram Shop Act?
Texas dram shop liability applies only to licensed alcohol providers. Potential defendants may include:
- Bars, taverns, and nightclubs
- Restaurants that serve alcohol
- Event venues or caterers
- Retailers that sell alcohol to visibly intoxicated patrons
Social hosts who serve adults are generally not subject to dram shop claims. However, a social host who knowingly provides alcohol to a minor under 18 may face liability under general negligence principles if that minor causes injury or death.
What Must Be Proven to Win a Dram Shop Claim?
To establish dram shop liability, the evidence must show:
- The patron was visibly intoxicated at the time of service
- The intoxication presented a clear danger
- The alcohol service was a proximate cause of the injury or death
Common factual circumstances include:
- Continued service to a visibly impaired patron
- Serving alcohol to a minor
- Ignoring obvious signs of intoxication
- Failure to follow responsible service practices
Evidence is gathered from surveillance footage, receipts, witness testimony, TABC records, and toxicology reports.
Defenses to Dram Shop Cases
In Texas dram shop litigation, bars, restaurants, and their insurers often raise multiple defenses early in the case. Some are statutory, others are procedural or fact-based. While the strength of any defense depends on the evidence, understanding the most common arguments helps explain how these cases are evaluated and contested.
Safe Harbor Defense
The most frequently raised statutory defense is the TABC Safe Harbor Defense. When properly established, it can shield a licensed alcohol provider from liability. Whether Safe Harbor applies depends on compliance with specific statutory requirements and is typically resolved by examining training records, service practices, and contemporaneous documentation.
Comparative Negligence
Defendants may also assert comparative negligence under Texas proportionate responsibility law. This defense does not excuse unlawful alcohol service, but it may reduce or bar recovery depending on how fault is allocated among the parties involved. Comparative negligence is often raised in cases involving complex accident circumstances or multiple contributing factors.
Statute of Limitations
Dram shop claims are subject to strict filing deadlines under Texas law. Establishments may argue that a claim is time-barred if it is not filed within the applicable limitations period. Because evidence preservation often becomes more difficult over time, limitations issues frequently intersect with broader evidentiary disputes.
Other Common Defenses
Alcohol providers may also raise defenses related to visible intoxication, causation, or intervening conduct, arguing that the patron did not appear intoxicated at the time of service or that other events—not alcohol service—caused the injury. These defenses are typically fact-driven and depend on records, witness testimony, and timing.
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
Speak With a Texas Dram Shop Lawyer
Winocour Law represents clients throughout Texas, including Dallas, East Texas, Longview, Tyler, and Nacogdoches, in drunk driving accident lawsuits and other injury claims involving dram shop liability.
If alcohol over-service may have contributed to a serious injury or loss, contact Winocour Law to speak with a Dallas Dram Shop Attorney today. Consultations are free and confidential.