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Houston Dram Shop Lawyer

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INJURED BY A DRUNK DRIVER? HIRE A HOUSTON DRAM SHOP LAWYER!

 

A Houston dram shop lawyer might be new to you because you might not have heard of the term, “dram shop.” But you might probably have already been in one dram shop. Simply put, dram shops are places serving alcohol to people. To clarify, these places could be bars or restaurants, as well as hotels, sports venues, and other businesses with permission to sell liquor.

And what most people don’t know is that there’s such a thing as “dram shop law.” This is where a commercial establishment such as a bar or restaurant that sells alcohol could be held liable. But only when its customer causes harm due to intoxication.

Basically, a business that sells liquor should stop giving liquor to customers who are visibly drunk. As these customers could pose possible harm to themselves or to other people. Because this means commercial establishments have the responsibility to ensure everyone’s safety. That they and their customers do not cause detrimental harm to society despite the nature of their business.

Also, persons under intoxication could cause personal injury when they are left on their own. Certainly, there are countless stories of drunk drivers and drunk driving accidents. And this shows just how much damage a drunk person could do if left alone. Imagine a visibly drunk person feeling disorientation and getting behind the wheel.

Nonetheless, imagine the harm that person could do. Data from the National Highway Traffic Safety Administration reveal a sobering statistic. And they say roughly one-third of deaths resulting from car crashes occur from drunk driving. That’s too much death and tragedy that could have been prevented if a drunk person was not left behind the wheel.

 

Dram Shop Laws: The Purpose

Dram shop laws are in place to make sure that establishments exercise due responsibility and not just focus on profits. Also, this means that the owner of the dram shop itself, as well as its employees, are properly trained to exercise proper judgment. And they should be keen enough to properly spot a visibly drunk customer. Therefore, they should promptly stop serving liquor to the said individual.

In fact, dram shop cases happen when bars or restaurants excessively serve alcohol to an obviously drunk person. And this is rendering the individual harmful to himself or others. Also, this could range from injury from physical altercations, drunk driving accidents, or in more severe cases, wrongful death.

WHY YOU SHOULD HIRE A DRAM SHOP ATTORNEY?

 

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Atty. Roxell Richards, personal injury attorney from Houston, TX

If you or your loved one find yourselves in an unfortunate situation involving an intoxicated person. You might want to look into getting a dram shop liability claim as well. And perhaps it is one of the many drunk driving accidents that occur in the United States of America every day. The first thing you have to do is get in touch with dram shop attorneys.

Victims could suffer from physical injury and might have to take a break from work in order to gain full recovery. And your car might need lots of repairs, and you might also have to get hospitalized. That means medical expenses and car repair costs on top of lost wages. You might need future assistance from a caregiver at home. You might lose potential earning opportunities because of your injuries.

In this situation, it would be best to have a good lawyer on your side. If your attorney finds reasonable cause that there was a failure on the part of the establishment. And that is to stop its customer from consuming too much alcohol. And then you could look into dram shop liability as well. After all, commercial establishments should also conduct their businesses responsibly. If the negligent contribution in their duties was the cause of the accident, then they should also be held responsible.

In fact, a dram shop lawyer could give proper advice and assistance in the investigation of your case. And ultimately it ensures that you receive proper compensation for your physical injury and that justice will be brought to light.

A Houston dram shop attorney will help establish your case if you find yourself a third party in a dram shop case in Houston, Texas, or even some parts of the state of California.

Does Texas Have Dram Shop Laws?

 

Yes, the law in Texas covers dam shop liability. And the Texas Alcoholic Beverage Code states that a commercial establishment could be held responsible if it was found to have served alcohol to an obviously intoxicated individual. Especially if this individual presents a clear danger to himself or other people.

If there’s clear evidence revealing that an establishment kept serving alcoholic beverages to a visibly drunk customer. And that the customer caused physical injury to another person, the victim could file dram shop liability claims.

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FREQUENTLY ASKED QUESTIONS

What Is the Dram Shop Liability Act in Texas?

With the enactment of the Texas Alcoholic Beverage Code as the law governing dram shop liability claims in 1987, there was an existence of some form of dram shop liability in the 1800s. But abolishing it in the early 1900s. Before 1987, there was no recognition of dram shop liability laws in the state of Texas.

The law identifies dram shops as “providers” who were given authority to sell alcohol. Section 2.02 of the law states that providers could be held liable under the following circumstances:

(1)  the service of alcohol did not stop even if the customer was obviously intoxicated person “to the extent that he presented a clear danger to himself and others”

(2) alcohol was given to minors

If the provider fails in any of the two responsibilities, the establishment could be held liable for the damages by its drunk customer due to the over-consumption of alcohol.

What is the Texas Alcoholic Beverage Commission?

The Texas Alcoholic Beverage Commission is the authority that issues alcohol licenses to establishments. It is also in charge of making sure that establishments follow the dram shop law. It is in charge of approving training to properly equip employees of establishments to identify drunk customers. And to professionally and promptly refuse to serve them alcohol.

Can you sell alcohol in Texas without a license?

Providers cannot operate in Texas without securing the necessary permit from the Texas Alcoholic Beverage Commission. Also, that is why it is important that commercial establishments follow guidelines regarding the securing of licenses in order to legally sell alcohol. In fact, the Texas Alcoholic Beverage Commission can revoke the license of providers who are found guilty of dram shop liability.

What is the law for selling alcohol in Texas?

The Texas Alcoholic Beverage Code is the law that covers rules relating to the selling of alcohol in Texas. This is also as well as an establishment’s social responsibility by adhering to dram shop laws.

What disqualifies you from getting a liquor license in Texas?

A provider or other similar businesses that involve selling liquor needs to secure a permit to operate. And they will have to get a permit from The Texas Alcoholic Beverage Commission.

Also, there is a possibility that The Texas Alcoholic Beverage Commission could revoke its license to sell alcohol. Especially if the said establishment has been proven to be negligent in its social responsibility. And not being able to refuse to serve alcohol to minors or to obviously drunk patrons who could cause harm.

In fact. dram shop laws are in place to ensure that establishments are able to immediately identify drunk persons. And to immediately stop serving them alcoholic beverages. As to prevent those persons to cause harm to themselves or to other people.

Who is the third party in a dram shop lawsuit?

The victim suffering from a physical injury from a drunk individual is the third party in a dram shop lawsuit. For example, if you and your friends are drinking at a bar. And then a visibly drunk person suddenly attacks you and causes physical injury. Thus, you could be the third party in this scenario.

Another example would be your involvement in a car accident and receiving severe whiplash injuries. If a drunk driver was found at fault and enough evidence proves that the said person was repeatedly receiving alcohol from the establishment. Even despite being obviously drunk. Then you could be the third party in a dram shop liability claim.

If you find yourself to be an unfortunate victim in these instances, you should get a dram shop attorney.

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TOP QUESTIONS | DRAM SHOP LIABILITY

What Does a Houston Dram Shop Attorney Do?

A Houston dram shop attorney will walk you through the course of your liability claim. Your attorney will help investigate the involvement of an establishment in the third party’s injury. Navigating dram shop liability claims could be quite tricky.

Also, a good dram shop attorney would be able to prove that an establishment was remiss in its duty. Remissing to stop serving alcohol to an already drunk person. This means there was negligence in two areas. The owner or the staff of the establishment did not have the proper training to identify a drunk customer. In addition, bar employees were still serving liquor to drunk customers leading to alcohol overconsumption. If that drunk customer’s actions were the cause of your injury, you can consult with a dram shop attorney regarding the legal remedies that you should take.

And in order to do so, your lawyer should first establish that the customer was still receiving alcoholic beverages despite being obviously drunk. Receipts that determine alcohol overconsumption and witness accounts from the liquor provider could prove to be helpful.

 

Proof of Liability

To clarify, dram shop liability cases should also prove that there was negligence on the part of the commercial establishment. Did the bartender continue serving a drunk patron, even though the said customer has been rowdy and causing obvious discomfort among other patrons? Was there any effort from the establishment’s employees to stop the said patron from drinking? What measures were taken to ensure that the drunk customer will be unable to consume alcohol within the establishment’s grounds?

Also, it would be helpful to look into existing records in relation to the establishment. How long has it been in operation? Did it get its liquor license only recently? Do its employees receive up-to-date training with the approval from the Texas Alcoholic Beverages Commission? When was the last training held? Did the commercial establishment receive previous complaints or similar dram shop liability cases in the past? Being able to access this information could help your lawyer argue whether the establishment has been negligent in its social responsibilities or not.

 

Scenario 1:

You are walking all alone at night, when a car suddenly swerves out of nowhere, hitting you. Maybe you are driving with your child, and suddenly a car crashes into your vehicle, hurting you and your precious baby. You later learn that the driver behind the wheel has been drinking the whole day at the local pub. With no one stopping him from getting one too many drinks earlier.

 

Scenario 2:

Long day at work, and you have not eaten a single meal throughout the day. You walk into the restaurant close to your office when you get hit by a drinking glass upon entering the restaurant. You notice that one of the restaurant’s customers is wreaking havoc, and he is uncontrollable and visibly drunk. Blood gushes down your face as other customers tell you that the establishment kept serving the guy beer despite causing everyone discomfort due to his drunkenness.

 

Scenario 3:

Maybe it’s the middle of the night. You hear a loud crash from behind you and to your shock see a car crash inside your living room. Debris is everywhere. Damaging your house. The driver stumbles out of the car, unable to walk on her own properly. It was a girls’ night out at the downtown club, and he had way over her limit. The bartender kept serving her drinks until she got drunk.

Also, in these circumstances, the irresponsible drunk person was the cause of the unfortunate incidents resulting in physical injury or damage to property. However, the establishments were serving alcohol to the visibly drunk individual. And that establishment could also be found at fault too. Under dram shop law, the establishments should stop serving drunk patrons, as he or they could cause harm to other people.

In fact, a Houston Dram shop lawyer will help you prove that a commercial establishment committing negligence. This is due to repeatedly serving alcohol to a drunk person, resulting in injury or, in tragic cases, wrongful death.

 

What is the safe harbor defense?

The safe harbor defense allows the provider or commercial establishment to avoid liability if it is able to prove that it was following the requirements of the Texas Alcoholic Beverage Commission. These are the following:

(1) The provider attended a training course that is certified by the Texas Alcoholic Beverage Commission

(2) The said provider’s employees were able to successfully finish training that was approved by the Texas Alcoholic Beverage Commission

(3) The provider did not force its employees to break the law

If an establishment owner (or the provider) is able to prove that all employees who underwent training are current and duly certified by the Texas Alcoholic Beverage Commission and exercising due diligence in reminding the staff of their responsibilities under the dram shop law, then it could avoid liability under the safe harbor defense.

Take, for example, a club that operates in the state of Texas. Its owner ensures properly informing staff about dram shop liability and properly equipping them to handle drunk customers.

All employees go to regular training with Texas Alcoholic Beverage Commission certification. All training sessions are up to date. The establishment also has to keep updating its manual outlining ways how to identify a drunk individual (such as slurred speech, difficulty in moving on one’s own, bloodshot eyes, the lingering scent of liquor, and other such physical attributes), ways to refuse such individual alcohol, and how to get help and cooperation from authorities if the situation goes out of hand. In such circumstances, the commercial establishment could claim the safe harbor defense if it could clearly establish that it does not have liability under dram shop law.

What should I do if I want to sue an establishment?

If you or someone you love find yourselves in an unfortunate situation involving a drunk person, you might want to look into getting a dram shop liability claim as well. Perhaps it is one of the many drunk driving accidents that occur in the United States of America every day. The first thing you have to do is get in touch with dram shop attorneys.

As a result, victims could suffer from physical injury and might have to take a break from work in order to gain full recovery. Also, your car might need lots of repairs, and you might also have to get medical attention. And that means medical expenses and car repair costs on top of lost wages. You might need future assistance from a caregiver at home. You might lose potential earning opportunities because of your injuries. There are so many things to worry about all because a drunk person got behind the wheel with no one stopping him.

 

Your Lawyer, Your Sidekick

In this situation, it would be best to have a good lawyer on your side. If your attorney finds reasonable cause for the failure of the establishment to stop its customer from consuming too much alcohol. Then you could look into dram shop liability as well. After all, commercial establishments should also conduct their businesses responsibly. If the negligent contributions in their duties were the cause of the accident, then they should also be held responsible.

In fact, a dram shop lawyer could give proper advice and assistance in the investigation of your case. And it ultimately ensures that you proper compensation for your physical injury and that justice will be brought to light.

Nonetheless, a Houston dram shop attorney will help establish your case. Even if you find yourself a third party in a dram shop case in Houston, Texas. Or even in some parts of the state of California.

If you find yourself in the unfortunate situation of drunk driving and are considering a dram shop liability case, then you better go to the experts. The Roxell Richards Injury Law Firm is a professional law firm with more than 17 years of experience handling vehicle accidents.

Call us today at our local phone number (713) 974-0388 or through the toll-free hotline at 1-855-GOT-INJURED. Want to know more about dram shop liability? Call us and get a free consultation!

Elward Ephran
20:29 28 Mar 25
My experience with Roxell Richards law firm was nothing short of incredible. The effort and energy given to my case was phenomenal, it really made my job easy. From the initial intake conversation to the close statements and disbursement I have been very impressed and pleased. I had been with two others firms before this one and they both were subpar as far as results, communication and the effort they gave. Overall I am very pleased and I’ve already recommended you guys to two individuals who have been involved in accidents. Keep up the work ethics that you guys implement here at this firm it’s noticeable and appreciated, thanks again for the seamless effort in my case.
Robert Diaz
20:46 26 Mar 25
They were very professional kind and do there job very well I would recommend them to my friends and family they deserve a raise thank ya so much 🙏
Ashlee Nelson
13:27 14 Mar 25
I came to Roxwell from hearing about her through a radio station in May of 2024 when I was involved in a wreck. I highly recommend Roxwell Richards Law Firm to anybody that has been involved in a car wreck. They helped me out with everything I needed and the staff is very helpful.
Pinkard
08:26 12 Mar 25
Five five five stars
Bobby Jefferson
18:06 07 Mar 25
Courtney Kidd
23:17 03 Mar 25
I came to Roxell through a friend who interned at the firm. They’re very attentive to your case, they call and text frequently with updates. My accident was March 13th 2024 and today is March 3rd and I’ve received a nice settlement. Would definitely recommend.
Mark Cee
15:28 28 Feb 25
It was a pleasure working with the Roxell Richards Law Firm. After my accident I was unsure what to do or if I had a case or how to go about it. I spoke with Roxell Richards directly about my case and she made me feel at ease when she accepted my case and told me I had nothing to worry about. The firm instantly started working on my case by setting me up with doctors, chiropractors, pain management specialists and so on. I felt like I had a team of doctors and lawyers on my side. Roxell Richards Law Firm stayed in contact with me updates and information on my case. They were there to answer all my questions and concerns. Final Roxell Richards Law Firm got the insurance company to settle in my favor for over $100000. It was pleasure working with Roxell Richards and if I ever need an attorney again, she will be my first phone call.
LaQuita L
17:07 17 Dec 24
I was rear-ended in December 2023, and the Roxell Richards Law Firm truly went above and beyond to support me. From the very beginning, they ensured I had everything I needed to get my vehicle fixed and receive proper medical care. Their team was professional, compassionate, and efficient, guiding me through every step of the process.I’m incredibly grateful for their hard work and dedication to my case. If you’re looking for a law firm that genuinely cares about your well-being and delivers results, I highly recommend Roxell Richards Law Firm.
Breana Chatman
13:55 27 Nov 24
Thank you Roxell Richards law firm for your hard work and dedication to my case. You all handled everything swiftly and efficiently. I really appreciate you doing everything you can to help me get what I deserve. Every staff member I spoke with was kind and professional. There was no point at which I felt like just an opportunity for their firm to make money off my case. Definitely choose them if you’re in search of assistance. Many blessings to you all. Happy Holidays.
DeMeaux B
20:57 28 Aug 24
Shout out to Attorney Richards and her whole team! She means what she say, "GET PAID, NOT PLAYED"! I switched to Roxell Richards Law Firm from another law firm after hearing her commercial on FM 92.1. Roxell Richards Law Firm picked up where the other law firm dropped the ball and delivered! This law team possesses professionalism and timely follow-ups with communications via text, phone call, and a portal keeping the client's best interest as a priority. They empathize with the client and WILL FIGHT FOR YOU! And now a few months later, I just got paid!!
Jermica Wade
20:47 28 Aug 24
I would like to thank Roxell Richards Law Firm for all their support and dedication in helping me with my legal issues.I would recommend them if you have any needs with dealing any accidents or things of that nature. They were very helpful a supportive and handled all of my legal concerns.
D R
17:54 28 Aug 24
I want to thank Attorney Richards and her staff for helping me out with my case. This was an awesome experience from start to finish. I also like to thank the staff , Olivia, Tanika, Mr. Smothers. If you have any problems with a situation, these is the best firm to call.
Caitlyn Lewis
21:10 24 Aug 24
Alaria Cooper
20:32 24 Aug 24
Attorney Richards was very great .
Otis Melton
15:45 27 Jul 24
To start, the Roxell Richard’s law firm has done a great job on both of my situations. I took interest knowing that they specialize in rideshare accidents and the fact that the team is knowledgeable and work well together. I also noticed that the firm consists of young talent from all walks of life. They are thorough and respectful over the phone, but in person, they really have it well put together to say the least. No one wants and looks to have accidents, but after they treated me so well on the first one, the moment I had the second accident, I immediately called and they got right on it! I must say, I am extremely happy with my results and you will be happy as well. My advice to you: give them a try!
Leana Jefferson
21:14 17 Jul 24
My experience with Roxell Richards law firm has been overwhelming at times to say the least. I believe that this can happen in any accident case, but I can also say that when I would contact her office she has always been able to clam my anxiety and clear up any concerns I may be experiencing at the time. I would definitely recommend her if you’ re in need of a great accident lawyer. I believe she is fare and if you are dissatisfied about anything she will do her best to rectify the problem. Last but not least, with a smile on my face “I got paid and not played”. I’m loving my new vehicle!Thank you,Dr. Leana Jefferson
Greg Harbor
20:50 05 Jan 24
It was a good experience, they kept me up to date with all my information and forms that needed to be taken care of. Very nice and calming.
Charles Bedford
00:37 05 Jan 24
Sheree Owens
22:37 30 Dec 23
Attorney RichRds is a prominent attorney who serves with the upmost professionalism and c as re for her clients I saw her in action!
Leatrice Sam
16:59 29 Dec 23
I hired Roxell Richard's law firm for my personal injuries for an auto accident. My medical needs and treatment were met with decency and professionalism. I'm overwhelmed with the end results as my caseworker worked diligently with the insurance company and medical professionals to get me the most compensation for my injuries. Thank You
Randy Poole
23:18 27 Dec 23
If anything else happens I hope it don't you all will be the first I call and thank you so much....
Trina Alexander
20:06 27 Nov 23
Roxell Richard settled my case in 8 months. Provided me with excellent service and professional. I recommend this Law firm to everyone...❤️ Her team was Great and on the Job.
melanie blaine
21:34 07 Nov 23
It was wonderful having Roxell Richards law team representing me on my injury case. I literally drove theses amazing ladies crazy!! I called every day asking a million questions. I texted even on the weekends, I sent emails anytime of the day!! All the ladies was amazing i recommend them.
Keisha Bailey
18:10 29 Aug 23
Roxell Richards law firm has been a great 1st time experience for me, They keep you informed about your case every step of the way! & very detailed. The process was shorter than i expected. They wont let you down. Y’all are the best! 😊5/5
Tiffany Henry
16:31 22 Aug 23
After a long strenuous battle, we were able to get our money which the firm literally promised our deposit and whatever rent monies were paid into our lease. I received that and more! I am so grateful that Ms. Richards took her to represent us with no upfront fees. It takes a lot of courage to stand up for multiple people who are minorities in an over looked area and give us the respect we deserved because we are humans. I would recommend this law firm if they can represent you depending on your legal circumstances.
Nicole Zhao
18:15 14 Feb 23
When you need a professional group to take care of your injury, this is the one. I got injury while travel to TX, I don’t know what to do. Then I found this Law Firm, they walked me thru the whole process. My case manager Martha kept me updated all the time, even I missed her calls. If you needs help, this is the one
Taylor Matthews
18:16 27 Jan 23
The best lawyer you could ever possibly find for your case! SO BLESSED AND GRATEFUL to have found a lawyer that knows her stuff! No need to look any further you all...don’t sleep on her...contact her now! What are you all waiting for?
Chris Casto
23:51 19 Jan 23
Roxell and her staff is amazing! She will handle your case with thorough detail, lots of communication and will defend your innocence to the end. Thank you for all your help!
Olivia Pope
18:01 14 Dec 22
I had a horrific accident and this attorney fought for me and my kids and I received a favorable settlement! I have delt with attorneys before but she and her office is different and they really care! Please call them and no one else they run the office like a well oiled machine!!
Frank White
19:52 13 Dec 22
This is one of the best attorneys. I am a health care provider and doing business with this firm has been amazing! I would recommend them to anyone.
Teih L. Taylor
15:41 01 Dec 22
I want to personally thank this law firm for picking up my case and getting the ball rolling. She was honest and transparent about the legal process and responded when I had questions regarding the case. Thank you so much for all of your help regarding this matter! Much success to you!!
Cordairo Golden
21:24 04 Aug 22
Roxcell Richards Injury Law Firm gave me a great experience after my car accident. They did an amazing job with communicating the updates about my case. Thank you! High recommended
Aremy Rodriguez
18:38 11 Jul 22
I had knee surgery 2 years ago and after the car accident, it became unstable and was hurting everyday. I wasn’t so sure about getting a lawyer when I had a car accident and did not know where to start. Roxell and her team made the process extremely easy and helped me get my knee therapy. Not only that, they completely handled the communications with the insurance and made the experience hassle free, Martha especially was extremely helpful. She was very honest and showed the transparency of the process from beginning to end - my favorite part! Highly recommend to get in touch with this firm.
Alana Nagin
22:01 18 Feb 22
Great communication and hard work!! Got my settlement without any problems. I would definitely encourage you to use her.
Jayleen Ramos
20:04 19 Jan 22
I highly recommend Mrs. Roxell to handle any claims. she is very kind, professional and efficient. Thank you so much for you assistance in my case.
xxLostBoyxx
23:38 14 Jan 22
THANK,GOD FOR MY,MS.ROXELL RICHARDS. Martha, Melissa and Tajaii were great. They were so nice and positive and got me a nice settlement.
Great Lawyer to work with very professional amazing customer service everyone is always helpful. I love the energy of the attorney and the staff is amazing
Rebecca Lane
15:19 03 Dec 21
Very easy to work with! Got me more than expected for my childrens auto accident! Professional and works speedily!

LEARN YOUR DRAM SHOP LIABILITY RIGHT NOW!

CASE RESULTS

Alcohol-related incidents can have serious consequences. Trust Roxell Richards Injury Law Firm to represent your case in dram shop liability claims. Our attorneys have the expertise to secure the compensation you deserve. Contact us for a free consultation.

$3 Million

SETTLEMENT

CAR ACCIDENT

 

$550,000

SETTLEMENT

MOTORCYCLE ACCIDENT

$600,000

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TRUCK ACCIDENT

 

$541,329

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MINOR CAR ACCIDENT

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