Dram Shop Claims in Dallas, TX
Injured in a Car Accident Caused by a Drunk Driver?
Did you know that if you have been injured in a motor vehicle accident caused by a drunk driver, and that driver had previously been drinking in a bar, restaurant, or other place that serves alcohol, then you may have a claim against the owner of the establishment under the Texas Dram Shop Act? If that is the case, our Dallas dram shop claims attorneys can help.
At Hernandez & Baggett, PLLC, not only will we pursue a personal injury claim against the drunk driver, but also the owner of the establishment he/she consumed alcohol before causing the underlying accident and your injuries. With more than four decades of combined experience, our legal team has helped many clients maximize their awards through settlements or while protecting their rights and best interests in court.
Texas Dram Shop Laws
A “dram shop” is defined as any establishment that serves alcohol, such as a bar, club, or restaurant. In order to bring an action under the Dram Shop Act, it is necessary to prove that the vendor sold alcohol to a person he knew, or should have known, was obviously intoxicated. This could be inferred from slurred speech, alcohol on the breath, and erratic movements of the body.
It is not necessary to prove that the vendor actually witnessed any drunken behavior. The intoxicated person’s demeanor simply must have been “visible, evident, and easily observed.”
Texas law also includes a “social host liability” rule, which allows injured individuals to file a lawsuit against a host over 21 years old that provides alcohol to a minor who is under 18 if: the adult is not a parent, legal guardian, legal custodian, or the minor’s spouse and the adult was aware of the minor’s age when he/she served the child or permitted the minor to consume alcohol on the premises.
Request a Free Consultation Today
If you think that you may have a claim under the Texas Dram Shop Act, we can take up the case for you. We will work entirely on a contingency basis, which means that you never pay us a penny out of your own pocket. Our fees will come out of any settlement amount that we obtain on your behalf. As Dallas dram shop claims lawyers, you can trust us to fight your corner.
Call (214) 855-7771 to let us review your case today.