Grossman Law Offices PC

Drunken Driver Liquor Liability & Dram Shop Accident Information Presented by Attorney E. Michael Grossman

ISueDrunks.com, from the Texas drunk driving accident lawyers of Grossman Law Offices, offers legal information on the rights of victims and families affected by drunk driving accidents in Texas and Arkansas. We work hard to represent victims of drunk driving accidents so that they can seek justice against both drunk drivers and negligent bars or restaurants. Call us today, toll-free at 1-855-397-1234.

Our goal is two-fold: to seek fair compensation for our clients and to pursue justice on their behalf against those responsible for their injury or loss. With 20 years of experience in litigating the liable parties responsible for drunken driving wrecks, personal injury attorney Michael Grossman and his team at Grossman Law Offices are ready to help you.

Our attorneys have been recognized by some of America's most prestigious professional organizations.

Have You Been Injured in a Drunk Driving Accident?

If you have suffered an injury due to a drunken driving accident in Texas, you may be able to receive compensation for your incurred financial losses through the pursuit of a Texas personal injury lawsuit. Such compensation can be put toward losses like past and future medical expenses, property damage costs, emotional or mental duress, pain and suffering, and other damages that can be assessed in a personal injury claim.

Since Texas drunk driving accidents can result in severe personal injury, an injured victim may sustain likewise severe financial loss. With the help of an experienced Texas personal injury drunk driving accident attorney, an injured victim may be able to recover those costs through the successful outcome of a personal injury lawsuit.

Featured Case:

Attorney Keith Purdue of Grossman Law Offices Featured in News Report Upon Filing Wrongful Death Lawsuit

Texas wrongful death lawyer Keith Purdue has filed a wrongful death lawsuit under a 1st party dram shop cause of action against a Dallas Area bar following a fatal accident that claimed the life of a 38-year-old-woman. The decedent’s family hired Grossman Law Offices shortly after her death. Our firm is aggressively pursuing the defendants.

More cases of note for Grossman Law Offices

News & Updates

Drunken Driver Accident Injury Claims

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In order to punish bars that over-serve alcohol, the Texas Legislature enacted laws known as dram shop laws, which established a cause of action that is available... (Read more)

Drinking Establishment Liability Law

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TX Drunk Driving Accident Attorneys

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Irresponsible Bars & Bartender Liability

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Have You Lost a Loved One Due to a Drunken Driving Wreck?

In the event that you have lost a family member due to the reckless driving of an intoxicated driver, you may be able to seek compensation and pursue justice for your loss through a Texas wrongful death lawsuit. More often than not, the motivating factor in a wrongful death lawsuit is that of justice, so that an aggrieved family can ensure that the liable parties are held fully accountable for their negligent behavior in connection to a fatal drunk driving accident in Texas. While seeking compensation is a necessary part of a wrongful death lawsuit, such compensation is often of a secondary concern to an aggrieved family as they desire to see justice served against a drunk driver and a negligent bar or restaurant that may also be connected to the fatal drunken driving wreck. The Texas fatal DWI accident attorneys at Grossman Law Offices will come alongside you during this difficult time to make sure that those responsible for your loved one’s loss are both identified and held fully accountable for their negligent behavior.

Liability and Drunk Driving Accidents in Texas

Every driver on Texas roads owes every other driver a legal duty for public safety. When an auto accident causing injury or death occurs, a liable party is said to have violated that legal duty and can be held accountable for their actions through the civil action of a personal injury lawsuit or a wrongful death lawsuit. In the event of a drunk driving auto accident, a victim has the right to seek legal action against the liable parties responsible for their injury. A drunk driver will be held liable for a Texas DWI accident since they’re counted as the direct cause of the accident. However, Texas dram shop law states that a negligent bar, restaurant or alcohol-serving establishment can also be held partially liable for a drunk driving accident if a connection to the drunken wreck can be substantiated.

Drunk Driving Accidents Involving Minors

When a minor causes a drunk driving accident, an alcohol-serving or alcohol-selling establishment can be held partially liable for providing alcohol to that minor. Places that sell beer, wine, liquor, or other alcoholic beverages have a duty to ensure that they’re selling alcohol to people that are legal adults. Unfortunately, selling alcohol to minors occurs every day of the year. As attested by the tragic news stories that are heard far too often, teen drunk driving accidents and fatal drunk driving wrecks involving minors can be devastating to a family, a school, and a community. Consequently, alcohol-selling establishments must work diligently to enforce the rules regarding the sale of alcoholic beverages.

Texas Dram Shop Law / Texas Liquor Liability Law

The Texas Civil Practices and Remedies Code contains the Texas dram shop laws, also known as liquor liability laws. Named for the unit of liquid measurement once used in the serving of alcohol, a dram shop cause of action exists when a bar or restaurant is suspected of over-serving alcohol to a patron who subsequently causes an injurious or fatal drunk driving accident. Such a negligent alcohol-serving establishment is said to be a proximate cause of a drunk driving wreck due to their involvement in the chain of events that led up to such a wreck. Through Texas dram shop laws, such a negligent bar or restaurant can be held partially liable for a drunk driving wreck. At ISueDrunks.com, we also sue bars and restaurants whose negligent behaviors contribute to the epidemic of drunk driving accidents in America.

Why is a Bar or Restaurant Liable for a Drunk Driving Wreck?

Many people object to the legal notions inherent in dram shop law due to the perceived unfairness of a place of business being held accountable for another person’s actions. In other words, if a person goes to a bar with the intention of getting drunk, and then causes a drunk driving collision resulting in injury or death, how can a bar or restaurant be held even partially liable for such an accident? The alcohol-serving establishment, after all, cannot control a person’s actions, so why should they be held responsible for the effects of a drunken driver’s actions?

In Texas, it is against the law for a person to be publicly intoxicated, regardless of whether or not they’re behind the wheel of a car. This means that an individual cannot have a blood alcohol content level of .08% or greater while in public. This law exists because inebriated individuals pose a risk to their own safety as well as the safety of those around them. Consequently, intoxicated individuals that assume they can operate a motor vehicle pose an even greater risk to themselves and to others. Unfortunately, it often takes only a few minutes of watching the local news in order to hear and see about the devastating effects that a drunken driver can have on a family or even a community. As such, a majority of states in America have dram shop laws that work to mitigate the opportunities for drunk driving accidents to occur by enforcing certain regulations in connection to bars, restaurants, and other alcohol-serving establishments.

If a bar or restaurant over-serves alcohol to a patron such that the patron exceeds the legal blood alcohol content level of .08%, the bar can be held partially liable for any accident that patron causes that results in injury or loss of life, even if the accident injures or claims the life of the patron. Such an alcohol-serving establishment can be held liable due to the fact that an intoxicated individual cannot make reasonable decisions regarding their ability to drive. Since alcohol also makes a great effect on a person’s inhibitions, an otherwise reasonable person when sober may make irrational decisions when drunk. Consequently, the responsibility for public safety then sits with the entity responsible for providing alcohol to the patron. Essentially, dram shop laws exist in order to ensure the public safety. When public safety is put in jeopardy due to a bar or restaurant’s desire to see more profits, they can be litigated against by a victim, or a family member of a victim, of a Texas drunk driving accident.

An illustration may assist some in further understanding how a bar can be held vicariously liable for a drunk driving accident caused by an intoxicated individual. Suppose that you have to see a dentist in order to have your wisdom teeth extracted. The dentist uses a powerful sedative on you before the surgery is performed. In the grogginess of waking up after the surgery, the doctor allows you to drive home, even though you’re still obviously affected by the anesthesia. If you then cause an auto accident which results in injury to yourself or others, the dentist could be held vicariously liable for the results of the accident due to his negligent behavior in allowing a knowingly intoxicated individual to leave the premises behind the wheel of a vehicle. In much the same way, a bartender or server should know the signs of alcohol, or should be tracking patrons’ consumption of alcohol, so that an intoxicated individual is not allowed to drive away from their premises.

Bar, Restaurant, Bartender, and Server Responsibilities

Bars, restaurants, and other establishments in Texas that choose to serve­ alcohol must obtain a liquor license from the State. To maintain that license, alcohol-serving establishments must remain in compliance with the rules and regulations set forth for the selling and serving of alcohol by the Texas Alcoholic Beverage Commission (TABC). Texas has the dubious distinction of having the highest number of fatal drunk driving accidents in the country. Furthermore, since Texas drunken driving crashes can result in catastrophic accidents, strict laws and regulations have been put in place in order to help curb the occurrence of drunk driving accidents in Texas. Unfortunately, some bars and restaurants choose to skirt these rules and regulations in order to turn a better profit, or simply to keep their customers happy.

For example, a bar or restaurant should have written policies regarding how their workers are to track the consumption of alcohol by their patrons. Such policies should take into account both the type and the amount of alcohol consumed by a patron. Alcohol consumption can be tracked by color-coded glasses or coasters, via a manual written system, by way of digital tracking, or even by hand signals, so long as the tracking method is an effective measurement of alcohol consumption at a bar or restaurant. Through such effective tracking, a bar or restaurant can do much in terms of working to prevent possible drunk driving accidents.

In the event that a patron does become noticeable intoxicated, a bar or restaurant must also have written rules in place that specify the acceptable behaviors that a manager or worker can employ in order to mitigate the opportunity for any type of accident to occur due to the patron’s drunkenness. For example, a manager may offer an intoxicated person more food which can help to neutralize unabsorbed alcohol. A cab company may be called on the patron’s behalf. When a taxi is called for an obviously intoxicated person, a restaurant worker or manager should witness the patron’s entrance into the vehicle. While such steps may seem extreme to some, the ramifications of a possible drunk driving accident are worth the extra attention an inebriated individual may require.

Lastly, bartenders and servers must undergo relevant training prior to being hired. Such training ensures that a bartender or server understands the signs of intoxication. They are also made aware of their legal duties and responsibilities in serving alcohol to patrons. Consequently, they cannot claim ignorance when a dram shop cause of action is brought against them.

Signs of Intoxication

On the whole, the physical manifestation of intoxication is often readily apparent. Signs of intoxication can include any or all of the following:

• Slurred speech
• Aggressive behavior
• Incoherence
• Drowsiness
• Instability in sitting or walking
• Glassy eyes

When a bartender or server notices any of these signs in one of their patrons, they have a duty to stop providing alcohol to such a patron. However, there are people who may not exhibit the obvious signs of intoxication, but may still be intoxicated. Can a bartender or server still be held liable for over-serving a patron if the patron does not appear intoxicated? Yes. Through the methods previously described in regards to tracking alcohol consumption, a bartender or server should know if a patron is approaching the point of intoxication. For example, the standard in Texas that bars and restaurants are supposed to follow allows for a patron to have:

• Two 20oz glasses of beer per hour or
• Two glasses of wine per hour or
• One shot of liquor or one cocktail made from liquor per hour

If these proposed standards are exceeded, a patron is likely to be intoxicated and a negligent bar or restaurant can be held liable for a drunk driving accident, regardless of whether or not a person exhibited the physical signs of drunkenness.

Seeking Compensation from a Bar or Restaurant

Some people mistakenly believe that a dram shop cause of action in Texas works to hold a bar or restaurant wholly accountable for a drunk driving accident, somehow allowing the drunk driver to escape liability for the wreck. Such an assumption is wholly false. As a negligent bar or restaurant is only ever partially responsible for a drunken driving crash in Texas, they can only be held partially liable for such an accident. In other words, a bar or restaurant can never be held fully accountable for a drunk driving wreck since the alcohol-serving establishment only played a contributing role to the accident and was not the direct cause. Consequently, in the event of a dram shop cause of action drunk driving personal injury case in Texas, both the drunk driver and the negligent bar or restaurant may each be held liable for the damages that a victim has incurred. For example, suppose that a drunk driving accident victim incurs $100,000 in damages. Such damages could include past and future medical costs, pain and suffering, property damage costs, and mental and emotional turmoil. A drunken driver is found to be 70% responsible for the accident. A negligent bar is found to be 30% responsible for the accident. In such a scenario, the bar would only ever be responsible for awarding, at a maximum, $30,000 to the victim upon the successful outcome of a drunken driving personal injury case in Texas. The drunk driver would be held responsible for the remainder of the total amount of damages that the victim has incurred.

The Safe Harbor Defense

A negligent bar or restaurant often only has one defensive measure to employ in the event that a drunk driving wrongful death lawsuit or a drunken driving personal injury lawsuit is brought against them: the Safe Harbor Defense. This defense will maintain that an alcohol-serving entity performed every reasonable action they could in order to prevent a drunk patron from assuming control of a vehicle in order to drive off of their premises. In other words, a bar or restaurant must prove that they faithfully monitored a patron’s alcohol consumption, made every effort to obtain possible other transportation, and were properly licensed to serve alcohol, among other issues. If a defense can prove that a bar or restaurant followed State guidelines and yet a drunk driving wreck still occurred, such a bar or restaurant may be able to escape liability under the Safe Harbor Defense. Such a defense offers a safe harbor to bars and restaurants that have made a reasonable attempt to dissuade an intoxicated individual from possibly causing a drunk driving accident.

Unfortunately, bars and restaurants that fail to live up to the standards as set forth by the State may also attempt to employ the Safe Harbor Defense. Without the help of an experienced Texas drunk driver accident attorney to conduct a thorough investigation into a suspected negligent bar or restaurant, an injured victim or a bereaved family may be erroneously led to believe that such a bar or restaurant had little to no connection their drunken driving accident injury or fatal drunk driving accident. With our two decades of experience in investigating dram shop cases in Texas, the DWI accident lawyers at Grossman Law Offices have the relevant knowledge in where to look in order to identify all of the parties that may ultimately bear liability for a Texas drunk driving wreck.

Arkansas Drunk Driving Accidents

While the majority of this article has discussed Texas drunk driving accidents, Arkansas drunk driving accidents contain many of the same legal issues. Arkansas dram shop law also works to hold negligent bars or restaurants partially accountable for a drunken driving wreck in Arkansas, if a drunk driver has been over-served at such a bar or restaurant prior to causing an accident. Store owners and other places that sell beer, wine, liquor, or alcohol can be held liable for furnishing alcohol to a minor. A victim of an Arkansas drunk driving crash can seek compensation for their injury or loss through an Arkansas personal injury lawsuit. A bereaved family member can seek justice against a liable party or parties through an Arkansas wrongful death lawsuit. If you have been injured, or have suffered the loss of a loved one, due to a drunk driving accident in Arkansas, consider contacting the Arkansas drunk driving accident law firm of Grossman Law Offices.

Contact the Drunken Driving Accident Attorneys at Grossman Law Offices

Our Texas drunk driving accident law firm offers toll-free legal consultations at 1-855-397-1234. By contacting us, you’ll be able to talk with a legal professional about the drunk driving wreck that has likely greatly affected your life. After sharing a few of the details of the accident with us, we will be able to assist you in regards to your legal options. Should you be able to proceed with seeking legal action against a negligent party, we can help you start that process. It’s often in the best interests of a possible plaintiff that they contact an experienced drunk driving attorney in Texas or Arkansas as soon as possible after an accident has occurred. Since drunk driving accident sites can often result in a complex accident scene where evidence may be fleeting, or even removed or manipulated by those that would rather not be held accountable for their actions, allowing an investigative team to search an accident site as quickly as possible after an accident has occurred can be quite beneficial to the construction of a strong and robust case on behalf of a plaintiff. In instances where negligence by a bar or restaurant is suspected of being a contributing factor, starting an investigation quickly also allows less time for a negligent bar or restaurant to “clean up their act,” so to speak, knowing that they might be investigated for negligent behavior.

With 20 years of experience in taking drunks to court and seeking justice against negligent bars and restaurants, the Texas drunk driving accident lawyers behind ISueDrunks.com have the knowledge, experience, and reputation that can assist you in seeking compensation and pursuing justice for your injury or loss. We would like to come alongside you during this difficult time so that, together, we can work toward making sure that the liable parties are held fully accountable for their negligent behavior. By seeking legal action in the aftermath of a drunk driving accident that results in injury or death, you will be working to ensure that such an accident does not have to happen again at the hands of the same drunk driver or negligent bar, causing further harm to another person or further grief to another family.

ISueDrunks.com is a Texas and Arkansas Drunk Driving Accident Website for the Victims of Drunk Drivers

With our principal offices in Dallas, Texas, we are proud to serve all of Texas and Arkansas through our satellite offices in Austin, Corpus Christi, Midland, Tyler, Houston, San Antonio, Little Rock, and Hot Springs. Office visits are by appointment only. While we understand that you have many options when it comes to enlisting legal help for your drunk driving accident, we also know that our past clients and their results often speak for themselves. The difference that Grossman Law Offices makes can be seen by our diligent efforts to ensure our clients are our top priority:

• We will answer the phone at any time of the day or night, on any day of the week. In other words, we’re always available to help and a staff member will answer your call.
• We have a certain reputation against most of the major insurance companies and many defense attorneys. This often assists our clients and our cases in being able to work toward a fair out-of-court settlement.
• We have two decades of experience. Such experience can be invaluable, especially when a case must go to trial.
• We will meet you at one of our offices, at your office, at a hospital, at your home, or at any place that is convenient for you.
• We will speak to you for free through a legal consultation. Through such a consultation, we will explain your rights to you in clear English, the possible legal ramifications of your possible case, the potential value that could be awarded, and what can be expected throughout the legal process.
• We work to keep our clients informed of their case at every step of the way.
• We utilize technology and proven investigative measures to work toward maximizing your case’s value.

Above all, we want to come alongside you in your time of need to help you seek fair compensation and pursue justice in the aftermath of a drunk driving accident in Texas or Arkansas so that those responsible for your injury or loss can be held accountable for their negligent behavior.