Are you suffering from the loss of a loved one and/or did you or a family member get hurt by a drunk driver? These situations can and should have been avoided, however, the fact remains that they do occur, and it is extremely important that you talk to a qualified attorney to immediately discuss the possibility of pursuing a personal injury lawsuit or Texas Dram Shop case. WHAT IS THE TEXAS DRAM SHOP LAW? Dram shop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dram shop liability laws hold alcohol servers responsible for harm that intoxicated of age patrons or underage patrons caused to other people (or, in some cases, to themselves). The statutory duty not to sell or deliver alcoholic beverages to intoxicated persons applies to and is intended to protect, among others, the intoxicated patron. In Texas, Dram Shop Laws exist to protect the rights of Texans to live a safe and healthy life. The laws may protect you and your loved one’s ability to recover when harmed. Typically, a dram shop statute is only applied when it is proven that an establishment continued to serve alcohol when they knew that a person was visibly or obviously intoxicated. Talk to your legal counsel if you believe that you may have a Dram Shop case. LEGAL ALCOHOL LIMITS IN TEXAS Liability of the Drinking Establishment The legal blood alcohol content (“BAC”) limit in Texas is .08%. A person exceeding this limit statistically has a much higher chance of causing an accident. At the same time, alcohol-fueled accidents tend to be more serious than those which don’t involve alcohol. Alcohol depresses the central nervous system which in turn slows down a person’s reflexes, making it harder to react and avoid an accident. What’s the alcohol limit in a bar? The limit is “obvious intoxication.” Many signs of intoxication are clear and obvious. Things such as slurred speech, droopy or red eyes, cloudy judgment, lack of inhibitions, aggressiveness and poor balance all point to the fact that a person is obviously intoxicated. The number of drinks served to a customer can also be an indicator of whether or not the individual is obviously drunk. Drinking establishments are NOT ALLOWED to serve alcohol to anyone who is already obviously intoxicated. If a bar employee notices that they’ve over-served a patron, they may opt to call a cab for the drunken individual in order to ensure that no one is harmed in a DWI accident. However, being responsible from the get-go by not serving an individual past the point of obvious intoxication should always be their first course of action. SOCIAL HOST LIABILITY LAWS In addition to dram shop laws, Texas also has a social host liability law. This law allows injured parties to seek damages from hosts aged 21 and older who served alcohol to minors who then caused injuries to another person because of their intoxication, if under § 2.02 […]
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