Can I Sue a Bar for Overserving a Drunk Driver?
Drunk driving accidents can have devastating consequences, and many victims wonder whether the bar or restaurant that served the intoxicated driver can be held responsible. In Texas, the Dram Shop Act provides a legal avenue for victims to pursue compensation against commercial alcohol providers who over-serve alcohol to obviously intoxicated adults, leading to injuries. Private social hosts, like friends or family serving alcohol at a party, generally cannot be held liable under this law.
What is the Texas Dram Shop Act?
The Dram Shop Act is codified in Texas Alcoholic Beverage Code Section 2.02 and is designed as an exclusive remedy for liability against those who provide alcohol to someone who is intoxicated and subsequently causes injury. It covers two main scenarios:
Commercial providers serving an obviously intoxicated adult
Adults serving alcohol to minors under 18
This law ensures that businesses selling alcohol are held accountable when their service creates a foreseeable risk of harm to others.
Elements of a Dram Shop Claim for Overserving Adults
To bring a claim under the Dram Shop Act for overserving a visibly intoxicated adult, the plaintiff must demonstrate that:
The defendant (bar, restaurant, or other commercial provider) served alcohol to an adult, whether licensed or not.
It was apparent to the provider that the recipient was obviously intoxicated.
The recipient’s intoxication directly caused the plaintiff’s injuries.
Evidence can include receipts, physical signs of intoxication, erratic behavior, testimony from companions, expert testimony, or patterns of the provider’s past behavior. Importantly, the law does not require that the provider personally witness every sign of intoxication; what matters is that it would have been apparent to a reasonable person.
Social Hosts Are Not Covered
It is important to note that social hosts are generally not liable under the Dram Shop Act. This includes family gatherings, house parties, or events where alcohol is served by friends. Only licensed commercial providers, or adults serving minors, fall under the statute.
Safe Harbor Defense for Trained Servers
Commercial establishments can defend against Dram Shop claims through the trained server safe harbor defense (Tex. Alcohol & Beverage Code Section 106.14(a)). To qualify, the provider must prove that:
Employees on duty attended a TABC-approved seller training program.
The trained employees were serving when the intoxicated person was served.
The employer did not encourage over-serving or unsafe practices.
However, plaintiffs can overcome this defense by showing that the provider indirectly or directly encouraged overserving—through policies, rewards, or ignoring repeated signs of intoxication.
Individual and Employer Liability
Bartenders can be sued individually, as established in Galindo v. Garner.
Employers requiring alcohol consumption as part of the job may also be liable (D. Houston v. Love).
The law recognizes that businesses have a duty to prevent foreseeable harm caused by intoxicated patrons, whether by employee negligence or management practices.
Liability for Serving Minors
The Dram Shop Act also covers adults providing alcohol to minors under 18. To succeed, the plaintiff must show:
The defendant was at least 21 years old and not a parent, guardian, spouse, or custodian of the minor.
The defendant knowingly provided alcohol to the minor or allowed alcohol to be served on their premises.
The alcohol contributed to the minor’s intoxication, which then caused injury.
Social hosts are generally not liable for minors either, per Reeder v. Daniel.
