Many states, including Texas, have so-called “Dram Shop Act” laws that can be used to hold a business (or sometimes even a private host) liable for serving alcoholic beverages to someone who is obviously intoxicated.
Texas’ version of this law is codified at Texas Alcoholic Beverage Code § 2.02. Under this statute, a person seeking to recover compensation on a Dram Shop claim must prove that the person to whom the alcoholic beverages were served was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” The claimant must also prove that the intoxication of the person who was over-served was the proximate cause of the damages he or she suffered.
Typically, the plaintiff in an east Texas car accident case filed under the Dram Shop Act is a person who is a victim of a drunk driving accident. A recent case presented an exception to this general rule.