Had a conversation today with attorney Lauren Stone about how to either party needing legal counsel when someone is looking for a dram shop attorney in Dallas Fort Worth, otherwise considered as a liquor liability attorney in Dallas Fort Worth.  While not yet on the website, the goal was to discuss how to convey that this practice area is one where people in DFW and North Texas are welcome to contact the law firm if legal representation is needed.

In addition to upcoming ads and videos, we decided on making it helpful and clear to either party seeking a lawyer with years of expertise in this subject is to give definitions, statutes, and other helpful information. The Texas statutes which most address these kinds of liability issues when a bar or restaurant may have overserved someone who then causes significant damage, or possibly even injury or death to another person(s), is this:  ALCOHOLIC BEVERAGE CODE, TITLE 1. GENERAL PROVISIONS, CHAPTER 2. CIVIL LIABILITIES FOR SERVING BEVERAGES (link here). 

Here is some of the wording from that statute:

"Sec. 2.02. CAUSES OF ACTION. (a) This chapter does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage.

(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:

(1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and

(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

(c) An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:

(1) the adult is not:

(A) the minor's parent, guardian, or spouse; or

(B) an adult in whose custody the minor has been committed by a court; and

(2) the adult knowingly:

(A) served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or

(B) allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor's intoxication on the premises owned or leased by the adult."

Additionally, the law website (Nolo.com) has given much more information on dram shop laws and social host liability (click here for the complete article on Nolo).  Here is some of the wording from that article:

Dram Shop Laws

Long ago, bars and taverns were called "dram shops" because they sold liquor by a measurement called a "dram." Today, dram shop laws usually refer to statutes that impose legal liability on state-licensed sellers of alcohol.

Most states have some form of dram shop law in effect, though the scope of coverage varies widely. In some states, the law only applies to business establishments that sell liquor for consumption on the premises—bars, restaurants, and the like. In others, it applies to all liquor sellers.

Social Host Liability

Social host liability refers to the legal responsibility of a private party host who supplies alcohol to a guest, who then causes an accident resulting in injuries. A typical social host liability law makes an adult who serves alcohol to a minor responsible when the minor then causes an accident. Here too, the scope of coverage can vary considerably from one state to the next.

Texas Dram Shop and Social Host Liability Law

Chapter 2 of the Texas Alcoholic Beverage Code covers both dram shop and social host liability.

Dram Shop Liability

Texas' dram shop law applies to anyone who:

• has a license or permit to sell or serve alcohol (a "licensee"), or
• sells alcohol to another person (a "seller").

(Tex. Alc. Bev. Code § 2.01 (2023).)

A licensee or a seller can be held liable for damages caused by an intoxicated person if:

• it was apparent that the person was "obviously intoxicated," so much so that the person presented a "clear danger to himself and others," and
• the person's intoxication caused someone else to suffer damages.

(Tex. Alc. Bev. Code § 2.02(b) (2023).)