In Texas, if the overserving of alcohol leads to an accident or other harm, the victim may be able to hold the bar responsible.
Texas Dram Shop Laws Prohibit Overserving
Chapter 2 of the Texas Alcoholic Beverage Code1 contains what are commonly called Dram Shop Laws. These laws prohibit a licensed bar or server from serving alcohol to someone who is visibly intoxicated. The law also allows the bar or bartender to be held liable for injuries that result.
Criteria For a Lawsuit Against a Texas Bar for Overserving
While you can sue a bar for overserving, simply overserving is not enough to pursue a lawsuit. A successful lawsuit against a bar for over serving requires you to establish at least four points.
Duty of Care
You must show that the bartender owed a legal duty of care to the person they overserved. This can often be shown by proving the person bought drinks from a licensed provider who had a duty to prevent overserving.
Breach of Duty
You must show that the bar or bartender kept serving someone who appeared visibly intoxicated. We may use video of the person stumbling or slurring, eyewitness accounts, or other evidence to show they were drunk.
Causation
Overserving can be a negligent and dangerous practice, but you cannot file a lawsuit for it unless it caused an accident or injury. To do this, we may show that the individual left the bar and attempted to drive home, causing an accident on the way.
Damages
Finally, you must show that the incident had actual damages and losses. For example, if someone stumbles and falls while drunk and only gets minor scrapes or bruises, a lawsuit may not be appropriate. But if they black out, fall, and suffer a concussion or brain injury that needs medical care, they may be able to sue for lost wages, medical bills, pain and suffering, and other losses.
Texas Criteria for Overserving
The general understanding of what constitutes “overserving” is that the person is visibly intoxicated based on what a reasonable person would observe. This means the determination is based more on behavior than on Blood Alcohol Content (BAC).
Chapter 49 Section 49.012 identifies “intoxicated” as an individual who lacks the normal mental or physical faculties due to alcohol or other controlled substances, or has a BAC of .08 or higher. A .08 BAC does not look the same for everyone, which means bartenders are responsible for using other behavioral indicators.
Some of the most common indicators of intoxication3 that a bartender should look out for include mood changes or belligerent behavior. This may also look like someone who is crying or angry, or forgot that they ordered a drink. Other observable behaviors can include swaying, stumbling, or slurred speech. You may also notice a flushed face or a dramatic change in pupil size.
What to Expect When You Sue a Bar for Overserving
In many cases, the bar you sue will have insurance to cover this type of liability. This means you will likely deal with the insurance company during most of your claim. You will need evidence of what happened and proof of your damages, such as photos or medical bills.
If the insurance company will not offer fair compensation, you may need to file a lawsuit. Consulting an attorney can help you understand your options and know what to expect in your case.
Sources:
1 https://statutes.capitol.texas.gov/?tab=1&code=AL&chapter=AL.2&artSec=2.01
2 https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.49&artSec=49.04
3 https://my.clevelandclinic.org/health/diseases/intoxication