Index
Consumer ProtectionTexas, USA

Texas Dram Shop Act (Alcohol Liability)

Summary

In Texas, bars, restaurants, and stores can be sued and held financially responsible if they sell alcohol to an obviously intoxicated person who then causes a drunk driving accident.

Rights & Rules

  • 01.
    A bar or restaurant is prohibited from serving alcohol to an adult who is 'obviously intoxicated' to the extent that they present a clear danger to themselves or others.
  • 02.
    If the bar serves them anyway, and that person leaves and kills or injures someone in a DUI crash, the victims can sue the bar for damages.
  • 03.
    A bar is also strictly liable for serving alcohol to a minor (under 18) if that minor causes an accident.
  • 04.
    Individuals hosting private parties at their homes (social hosts) are generally NOT liable if an adult guest drinks too much and crashes, but they CAN be sued if they provide alcohol to minors.

Penalties

  • 01.
    Bars and restaurants can face massive civil lawsuits for wrongful death or personal injury, and the Texas Alcoholic Beverage Commission (TABC) can revoke their liquor license.

Verified Citations

Texas Alcoholic Beverage Code Chapter 2

Source
"Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action... upon proof that: (1) at the time the provision occurred it was apparent to the provider that the individual... was obviously intoxicated..."