Summary
- You can sue a Texas bar or liquor store if it served someone who was obviously intoxicated and that intoxication helped cause a fatal crash.
- Families can file wrongful death claims; the estate can bring a survival claim. The deadline is generally two years from the date of death.
- Bars often raise a “Safe Harbor” defense if staff had TABC training; plaintiffs can overcome it with proof the employer encouraged violations.
- Juries apportion fault between the drunk driver and the bar; the bar pays its percentage unless it’s more than 50% at fault.
Yes—you can sue a Texas bar, restaurant, or store when it overserves alcohol and a patron later causes a fatal DUI crash. Texas’s Dram Shop Act makes providers liable if, at the time of service, it was apparent the person was obviously intoxicated and posed a clear danger, and that person’s intoxication was a proximate cause of the death. Families (spouse, children, parents) can bring wrongful death claims; the estate can also sue through a survival claim. A two‑year limitations period applies in most cases.
What is Texas Dram Shop Liability?
Texas Dram Shop liability is a statutory claim against a “provider” (bars, restaurants, liquor stores, venues) for serving an obviously intoxicated person who later causes injury or death. “Provider” includes any person who sells or serves alcohol under a license or who otherwise sells alcohol. The Dram Shop Act is the exclusive civil remedy against providers for adult patrons.
Texas continues to see high numbers of alcohol‑related fatalities; TxDOT reported more than 1,000 DUI/alcohol‑related deaths in 2024. Nationally, NHTSA reported 13,524 alcohol‑impaired driving deaths in 2022 and 12,429 in 2023. (txdot.gov, trid.trb.org, nhtsa.gov)
Key statutory elements (you must prove both):
- It was apparent to the provider at the time of service that the person was obviously intoxicated and a clear danger to self and others; and
- The person’s intoxication was a proximate cause of the damages.
How Does a Texas Dram Shop Case Work?
Step 1: Identify every provider that served the driver
List each bar, restaurant, liquor store, or venue that served the driver before the crash. “Provider” is broad under the statute. (statutes.capitol.texas.gov)
Step 2: Preserve time‑sensitive evidence
Send prompt preservation letters to secure receipts, tabs, surveillance video, POS data, and staff schedules. This prevents spoliation and protects your case.
Step 3: Collect official records
Obtain the police crash report (CR‑3) and related records through TxDOT’s Crash Report Online Purchase System; gather BAC results, field sobriety logs, and witness statements.
Step 4: Build intoxication proof tied to “time of service”
Use eyewitness accounts, video, receipts, bar tabs, and toxicology (including retrograde analysis) to show obvious intoxication was apparent when the bar kept serving. Courts accept a mix of behavior signs and consumption evidence. (casetext.com)
Step 5: Anticipate common defenses
Expect Safe Harbor (TABC training), lack of “obvious intoxication,” and blame‑shifting to the driver or other bars. Prepare counter‑evidence for each.
Why is Dram Shop Liability Important in Fatal DUI Cases?
It lets families hold negligent alcohol providers accountable alongside the drunk driver. Texas courts apply proportionate responsibility: juries assign percentages of fault to the bar, the driver, and others; the bar usually pays only its share unless it exceeds 50% fault. (case-law.vlex.com, codes.findlaw.com)
Data callout:
- Texas recorded 1,162 drunk‑driving deaths in 2022; TxDOT says more than 1,000 Texans died in DUI/alcohol crashes in 2024. NHTSA reports 32% of U.S. traffic deaths in 2022 involved alcohol.
Texas Dram Shop vs. Social Host Liability: Key Differences
Who can be sued?
- Dram Shop: Licensed sellers/servers (bars, restaurants, stores).
- Social Host: Adults 21+ who knowingly provide alcohol to minors under 18 (with narrow exceptions).
When liable?
- Dram Shop: Service to an obviously intoxicated person where danger was apparent, and intoxication helped cause the crash.
- Social Host: Serving/providing alcohol to a minor or allowing alcohol for a minor on property they own/lease.
Adults served at a private party:
- Texas generally does not impose social‑host liability for serving adults. Claims focus on commercial providers.
Best Practices for Building a Fatal DUI Dram Shop Claim
- Document “obvious intoxication” at the bar: slurred speech, stumbling, glassy eyes, loud or erratic behavior, rapid consumption, high bar tab.
- Move fast on evidence: POS data and video often auto‑delete within days; send preservation letters immediately.
- Track the route: map each stop; collect receipts and witness names from every location on the timeline.
Common Mistakes to Avoid
- Assuming the bar must be the “last drink”: Texas law does not require proof the provider served the final beverage; it focuses on obvious intoxication at time of service and proximate cause.
- Waiting on criminal outcomes: You can start civil investigation and suit without a criminal conviction.
Tools and Resources
- TABC Safe Harbor and certification info (for evaluating a bar’s defense): TABC Certification FAQs.
- File an overservice complaint with TABC (can prompt an investigation): File a Business Complaint.
- Get the official crash report: TxDOT Crash Report Online Purchase System page.
- State DUI data and prevention: TxDOT “Drive Sober. No Regrets.” stories and enforcement updates.
- National drunk‑driving statistics: NHTSA Drunk Driving resource page; 2022 fact sheet.
Joe I. Zaid & Associates is Here To Help If You’ve Been Hurt
Joe I. Zaid & Associates is a Houston‑area personal injury firm based in Pasadena, Texas, representing families in wrongful death and dram shop cases statewide. The firm offers free consultations and contingency‑fee representation. Office: 4710 Vista Rd., Suite E, Pasadena, TX 77505.
Key Takeaways
- You can sue a Texas provider that served an obviously intoxicated person who later caused a fatal crash.
- Families (spouse, children, parents) can bring wrongful death claims; the estate can bring survival claims.
- Bars may assert Safe Harbor, but plaintiffs can overcome it with proof of employer encouragement or gaps in training/compliance.
- File suit within two years of the death, and preserve evidence immediately.
Frequently Asked Questions
Question: What exactly counts as “obviously intoxicated” under Texas law? Answer: Signs can include slurred speech, stumbling, glassy or bloodshot eyes, loud or erratic behavior, and rapid consumption. The key is whether it was apparent to the server at the time of service.
Question: Do I have to prove the bar served the last drink? Answer: No. Texas law does not require proof the bar was the last contributor—only that service occurred when intoxication was obvious and that the intoxication helped cause the crash.
Question: Who can file a wrongful death dram shop case in Texas? Answer: The surviving spouse, children, and parents. If none file within three months, the estate’s executor or administrator must file unless told not to.
Question: What is the deadline to sue? Answer: Generally two years from the date of death for wrongful death claims.
Question: How does the Safe Harbor defense work? Answer: If the employer required TABC training, the employee actually attended, and the employer did not encourage violations, the employer may avoid liability for the employee’s overservice. The provider must prove the first two elements; the plaintiff must prove encouragement.
Question: Can a liquor store be liable, or is this only about bars? Answer: Liquor stores and convenience stores can be “providers” under the statute. Liability turns on obvious intoxication at the time of sale and causation.
Question: How is fault divided between the bar and the drunk driver? Answer: The jury assigns percentages of responsibility. Each defendant generally pays only its share unless a defendant exceeds 50% fault, which can trigger joint and several liability.
Question: Are punitive (exemplary) damages available? Answer: Texas courts have limited exemplary damages in straight Dram Shop Act claims, and some decisions state Chapter 2 does not authorize them. Ask counsel about current law for your case.
Question: What evidence helps most? Answer: Surveillance video, receipts, tabs, witness testimony, staff schedules, TABC records, and toxicology analysis tied to the time of service. Move fast to prevent deletion.
Question: Do I need a criminal conviction to win civilly? Answer: No. The civil burden is “more likely than not,” and your claim can proceed regardless of criminal case outcomes.
Sources:
- Texas Alcoholic Beverage Code Chapter 2 (Dram Shop Act): definitions, elements, exclusivity. (statutes.capitol.texas.gov)
- Texas Alcoholic Beverage Code §106.14 (Safe Harbor). (codes.findlaw.com)
- 20801, Inc. v. Parker (Tex. 2008) (Safe Harbor burdens). (casetext.com)
- F.F.P. Operating Partners, L.P. v. Duenez (Tex. 2007) (proportionate responsibility in dram shop cases). (case-law.vlex.com)
- Texas Civil Practice & Remedies Code §71.004 (who may bring wrongful death) and §71.021 (survival). (statutes.capitol.texas.gov)
- Texas Civil Practice & Remedies Code §16.003 (two‑year limitations period). (law.justia.com)
- NHTSA: Drunk Driving overview (2023) and Traffic Safety Facts: Alcohol‑Impaired Driving (2022). (nhtsa.gov, trid.trb.org)
- TxDOT: 2024 DUI/alcohol‑related deaths and “Drive Sober. No Regrets.” campaign. (txdot.gov)
- Steak & Ale of Texas, Inc. v. Borneman (exemplary damages discussion; obvious intoxication evidence). (caselaw.findlaw.com)
- TABC resources: Certification FAQs; Filing a business complaint. (tabc.texas.gov)
- TxDOT: Crash Report Online Purchase System page (how to obtain CR‑3). (txdot.gov)
