When a night out in Tyler ends in tragedy because a bar or restaurant serves alcohol to an obviously intoxicated patron, the consequences can be devastating. Injuries may include drunk driving crashes, assaults, alcohol poisoning, and even death.
Under Texas law, injured parties may seek to file “dram shop” cases to collect damages against the business owner responsible for over serving.
Tyler, Texas Trusts Dram Shop Cases to Winocour Law
When bars put profits ahead of safety, families in Tyler turn to Winocour Law.
Jonathan Winocour, recognized by Texas Lawyer magazine for high-stakes trial wins and legal scholarship, carries forward a fourth-generation East Texas trial lawyer legacy. His courtroom advocacy has made a difference for families facing the fallout of over-service.
Working alongside him, Mike C. Miller — Board Certified in Personal Injury Trial Law since 1989 — brings decades of trial-tested results, including multimillion-dollar dram shop settlements.
Together, Attorneys Winocour and Miller offer what few firms can: local roots, proven results, and relentless advocacy for victims of bar and restaurant negligence.
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
Under the Texas Alcoholic Beverage Code § 2.02, establishments are prohibited from serving alcohol to someone who is “obviously intoxicated” to the point they present a danger to themselves or others. If that person later causes injury or death, the business may be held legally responsible.
What must be proven?
To establish a valid dram shop case, you generally must show:
- The establishment sold or served alcohol to someone who was obviously intoxicated.
- That intoxication directly caused injury, death, or property damage.
How long do I have to file?
Texas law imposes a two-year statute of limitations on dram shop claims. Waiting too long can bar your right to recovery.
What is the Safe Harbor defense?
Bars may claim “Safe Harbor” if they can show staff completed TABC-approved training. But this defense isn’t absolute — and we know how to challenge it when businesses fail to enforce their own rules. For more, see the Texas Alcoholic Beverage Commission Enforcement Division.
Types of Dram Shop Cases We Handle
We represent clients in Tyler and across East Texas in cases involving:
- DUI accident victims – Holding establishments liable when overserved patrons cause crashes on area roads, including I-20, U.S. 69, or Loop 323.
- Bar fight injuries – Pursuing claims when excessive service contributes to violent altercations.
- Alcohol poisoning – Seeking accountability when over-service leads to medical emergencies or death.
- Underage service – Enforcing the law against establishments that serve minors without proper ID checks.
- Fatal alcohol-related accidents – Supporting grieving families through wrongful death claims.
- Property damage – Recovering losses for vehicles, homes, or businesses destroyed by intoxicated individuals.
- Multiple establishment liability – Holding all negligent businesses accountable when more than one contributed to the over-service.
Our firm has secured multimillion-dollar dram shop settlements, including wrongful death cases that helped shape the way alcohol liability is litigated in Texas.
Proving a Dram Shop Case in Tyler
Dram shop cases demand detailed investigation and trial-ready preparation. Evidence often includes:
- Receipts, tabs, and surveillance footage showing the service of alcohol.
- Witness statements about the patron’s visible intoxication.
- Toxicology reports and expert testimony to connect the service with impairment.
- Employment and medical records to calculate damages.
- TABC violation history revealing patterns of unsafe practices.
Because evidence disappears quickly, it’s important to act fast. Our attorneys move quickly to preserve footage, obtain records, and secure expert testimony.
Dram Shop Compensation
Successful dram shop cases can provide compensation for:
- Medical expenses and rehabilitation.
- Lost income and reduced earning capacity.
- Pain and suffering.
- Property damage.
- Wrongful death damages, including loss of companionship and financial support.
- Punitive damages, in cases of egregious or reckless conduct.
It is important to note that Texas applies a modified comparative negligence rule, meaning that an injured party’s recovery may be reduced by the percentage of their own negligence, provided they are not more than 50% responsible for the outcome. However, this same rule still allows for significant award of damages if you are less than 51% responsible.
Why Tyler Chooses Winocour Law in Dram Shop Cases
- Board-Certified Expertise: Mike C. Miller’s board certification and decades of trial success
- Proven Results: Multiple multimillion-dollar dram shop settlements and verdicts
- Local Knowledge: Familiarity with Smith County courts, East Texas bar practices, and TABC enforcement.
- Heritage: A fourth-generation tradition of East Texas trial lawyers
- Client Care: Clear communication, compassion, and accessibility throughout your case.
Representation in Court
If settlement negotiations do not result in fair compensation, the case may move forward to trial. At this stage, having a skilled injury lawyer is essential. They will present evidence, question witnesses, and argue your case before a judge or jury, making sure your story is heard and your rights are fully protected.
For many clients, knowing they have strong courtroom representation provides peace of mind and ensures that, whether through settlement or verdict, every effort is made to secure the justice they deserve.
Take the First Step Toward Justice
If you or someone you love was harmed because an establishment overserved alcohol, you do not have to face this alone. Winocour Law has the experience, results, and local roots to fight for accountability and fair compensation.
Call today for a free consultation. You pay no legal fees unless we recover compensation for you.
Dram Shop Lawsuit FAQs
How do I prove the bar overserved?
Evidence includes receipts, surveillance video, toxicology results, and witness statements. Our attorneys know how to uncover and preserve this evidence.
What if the drunk driver has no insurance?
You may still recover compensation from the establishment that overserved them.
Can I sue multiple establishments?
Yes. If more than one bar or restaurant served the same patron, each can share liability.
What is the statute of limitations?
Generally, two years from the date of the incident (Tex. Civ. Prac. & Rem. Code § 16.003). Acting quickly is critical.
How does Safe Harbor affect my case?
Bars may raise this defense, but it can often be challenged if training wasn’t enforced or if employees ignored obvious intoxication.