What is Considered Important Evidence in Dram Shop Cases?

by | Oct 19, 2023 | Bicycle Accident, Car Accident, Dram Shop Law, Motorcycle Accident, Pedestrian Accident, Personal Injury, Vehicle Accident

Dram shop cases, which revolve around the legal responsibility of alcohol vendors for the actions of their intoxicated patrons, play a critical role in ensuring public safety. These cases have significant implications for the well-being of individuals and communities, as they hold alcohol vendors accountable for serving alcohol to visibly intoxicated or underage individuals.

Establishing liability in dram shop cases relies heavily on presenting compelling evidence. In this article, the car accident attorneys at Kherkher Garcia will delve into the important evidence in dram shop cases and explore how it impacts legal outcomes. Our attorneys have helped injured victims and their families with personal injury and wrongful death cases involving intoxication.

An Overview of Dram Shop Cases

Dram shop cases in Texas revolve around the legal liability of alcohol vendors, such as bars, restaurants, and liquor stores, for the actions of their intoxicated patrons. These cases are governed by the Texas Alcoholic Beverage Code and have several key elements:

Duty of Care

In Texas, alcohol vendors have a legal duty to refrain from serving alcohol to individuals who are already visibly intoxicated or to minors under the age of 21. This duty extends to ensuring that patrons do not pose a danger to themselves or others due to intoxication.

Cause of Action

To establish liability in a dram shop case, the plaintiff (injured party) must prove that the alcohol vendor’s actions, such as over-serving alcohol, directly contributed to the harm or injuries suffered. This includes harm caused by drunk driving accidents or other incidents involving an intoxicated patron.

Evidence of Intoxication

Central to these cases is the need to provide evidence that the patron was indeed intoxicated at the time they were served alcohol. This often requires testimonies, surveillance footage, expert opinions, and sometimes blood alcohol content (BAC) tests.

Dram Shop Act

Texas has a specific Dram Shop Act that provides a legal framework for these cases. This act outlines the liability of alcohol vendors and the conditions under which they can be held accountable.

Statute of Limitations

It is important to note that there is a statute of limitations in Texas for dram shop cases. This means that there is a limited time frame within which a lawsuit can be filed after the incident. It’s essential to consult with an attorney and file the case within the stipulated timeframe.

Third-Party Liability

In Texas, dram shop liability can extend not only to the establishment that served the alcohol but also to individuals who provided alcohol to the intoxicated person. This can include social hosts or individuals who organized private events where alcohol was served.

Dram shop cases in Texas aim to promote responsible alcohol service and hold alcohol vendors accountable when they fail to adhere to the state’s laws and regulations. Successfully proving a dram shop case often requires a strong presentation of evidence, including witness testimonies, expert opinions, and a clear connection between the vendor’s actions and the resulting harm.

What Evidence is Important in Dram Shop Cases?

For those seeking justice and accountability in dram shop cases, collecting and presenting this evidence is paramount. Read below to learn more about the types of evidence that are important in dram shop cases.

Proof of Intoxication

One of the most crucial elements in a dram shop case is proving that the individual who caused harm was visibly intoxicated at the time of service. This requires substantial evidence, which can include witness testimonies, surveillance footage, and expert opinions. Testimonies from individuals who interacted with the intoxicated person at the establishment can provide valuable insight into their level of intoxication, behavior, and demeanor. Surveillance footage, if available, can visually document the patron’s condition over time.

Additionally, expert witnesses such as forensic toxicologists can provide scientific evidence to establish the patron’s level of intoxication through blood alcohol content (BAC) analysis. The combination of these pieces of evidence can help build a strong case to hold the alcohol vendor liable.

Training and Policies

Evidence of an alcohol vendor’s training and policies is another key aspect of dram shop cases. Alcohol vendors have a legal duty to ensure responsible alcohol service and adhere to state laws regarding the sale of alcohol. Providing training records and policy documents can demonstrate a commitment to these responsibilities.

Witnesses who can attest to the establishment’s practices and adherence to state regulations can bolster the case. Conversely, the absence of proper training or documented policies can be used to establish negligence on the part of the alcohol vendor.

Serving Minors

Serving alcohol to minors is illegal in most jurisdictions, and dram shop cases involving underage drinking are common. In these cases, it is vital to provide evidence of the patron’s age, such as an ID check or witness testimonies verifying that the patron appeared underage.

Additionally, evidence related to the establishment’s practices regarding ID checks and age verification can be crucial in establishing liability. A failure to enforce these measures can be used to demonstrate negligence on the part of the alcohol vendor.

The “Last Drink” Test

In dram shop cases, determining when the last drink was served is essential in assessing the level of intoxication. Evidence related to this “last drink” can come from witnesses, surveillance footage, and receipts. The timing of the last drink can help establish the patron’s level of intoxication at the moment they left the establishment.

If it can be proven that the patron was served alcohol shortly before causing harm, it strengthens the case against the alcohol vendor, as it demonstrates a direct connection between their actions and the resulting harm.

Expert Testimonies

Expert witnesses play a crucial role in dram shop cases, providing professional opinions and scientific evidence. Forensic toxicologists can testify about the patron’s level of intoxication, while security experts can evaluate the adequacy of security measures in place at the establishment.

These experts can help the court and jury understand the technical aspects of the case, making it easier to establish liability. Their testimonies are often highly persuasive in dram shop cases.

Incident Reports

Incident reports generated by the establishment or law enforcement can be vital pieces of evidence. These reports often detail the events leading up to an incident, including any problematic behavior, signs of intoxication, or confrontations. They can establish a timeline of events and provide insight into how the situation was handled by the establishment.

When these reports reveal that the establishment was aware of the patron’s intoxication and continued to serve alcohol, they can be critical in establishing liability.

Establishing Causation

In dram shop cases, it is not enough to show that the patron was intoxicated or underage and that harm occurred; there must be a direct link between the alcohol vendor’s actions and the harm suffered. Establishing causation can be complex and often requires a detailed investigation and the presentation of strong evidence.

Witnesses who can testify to the patron’s behavior and level of intoxication just before the incident, combined with expert opinions on how alcohol impairment contributed to the incident, can help establish causation.

Have Questions about a Potential Dram Shop Case?

Dram shop cases serve as a crucial mechanism for promoting responsible alcohol service and ensuring public safety. Establishing liability in these cases depends on the presentation of compelling evidence. For those seeking justice and accountability in dram shop cases, collecting and presenting this evidence is paramount.

One of the best ways to ensure that your case has adequate evidence is to work with a personal injury attorney who is skilled in dram shop cases. At Kherkher Garcia, we have more than 30 years of experience helping victims protect their rights and obtain compensation. Injuries and deaths related to over-intoxication are preventable. Our attorneys fight to ensure that justice is served for those who suffer.

If you have been injured in an alcohol-related accident, or have lost a loved one, contact our attorneys to find out your options for pursuing compensation. We provide a free consultation to every potential client, so don’t wait to learn more. Call us at 713-333-1030, or complete our online contact form to get started.

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Steve Kherkher

Steve Kherkher

Founding Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Founding Firm Partner Steve Kherkher. Steve has been a practicing injury lawyer for more than 30 years. He has won $300 Million+ in Settlements and Verdicts for his clients. He is a force to be reckoned with in the courtroom and the trial lawyer you want on your side if you or a loved one have been catastrophically injured.

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