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Episode 3: Dram Shop Law

Audio Transcript

Welcome to ask a lawyer, powered by Roxell Richard’s law firm episode 3 DRAM shop laws. So today we’re here with Roxell Richards and we’re going to talk a little bit about the DRAM shop laws in the United States and about some things that business owners can do to protect themselves against liability and negative. 

It’s claims how are you today? 

I’m great. 

Mom, how are? 

You I’m wonderful. 

I’m really interested in getting to learn a little bit more about this because you know, I like to go out and I just want to know a little bit of things that some bar owners might have to be responsible for while I’m out partying. 

What are their responsibilities and duties towards patrons like myself? 

OK, so if you own a bar. 

If you own a bar, you are required by law to keep an eye on your patrons to make sure that they. 

Are not over drinking. 

In most states you should train your staff or there should be some protocols in place to make sure that they are keeping an eye on patrons. 

If a customer calls his injury to someone else because he drank too much alcohol that you serve and cause an accident, you may be held liable. 

So you definitely want to make sure that you know the laws surrounding your state and two that you have something in place. 

Some protocols in place for your staff so that they are. 

Trained on how to deal with this type of circumstance. 

OK, so. 

Let’s say let’s say I’ve already come and he inebriated. 

Nobody is actually taking me out, but they haven’t. 

You know, serving anymore and I decide I want to break a bottle over. 

Or somebody you know a table or something and end up injuring myself on some broken glass. 

Would you have all the responsibilities of our owner or you know can I even you know Sue for that? 

Or am I liable? 

My own self, how would? 

That work, now that depends on the state law. 

Some laws hold won’t hold you responsible if an inebriated patron injuries only himself, that might be the. 

Case like you said, if he you know hurts himself because you know he’s way too inebriated and your customer typically cannot sue you for damages for medical costs for time lost from work or pain and suffering because it was the patients own personal decision basically to drink too much. 

So you gotta definitely make sure that your state laws what? 

You have to check your state laws to really make sure that you won’t. 

Be held responsible. 

Now there’s a recent taste in Texas where there’s a man that was in in a bar and he got really inebriated. 

No one stopped him from drinking. 

They actually kept serving him and they allowed him to walk home. 

Luckily they don’t drive them to walk home. 

He got hit by a car and he passed away. 

What were some of the steps that they might have been able to take to prevent themselves from being? 

Open to that liability. 

Well, as I said earlier, you know the law does obligate you to take steps to stop a clearly intoxicated patron from drinking anymore. 

So maybe one of the steps they could have taken what were probably to stop him from drinking. 

And you know, I’m sure that there were signs that the person manifested early on before he exited the bar, so they could have taken. 

Some steps to stop, stop, stop him from drinking number 1 #2 call him an Uber like that’s the most. 

Simplest thing that you could you could do call him an Uber and charge it to his card. 

Our call, you know a loved one. 

If he has a cell phone handy and he’s talking on the phone with someone. 

Hey Sir, let me get your phone can you guys come pick him up things happened? 

I mean I’m sure this is not something that this person probably desired to do. 

On his behalf, which is why, again, as a patient owner, you have to make sure that if you’re seeing these signs, you do something about it, because obviously this person may not be in their right mind at their way too inebriated. 

So for people who might not know all that find information you had, is there any way that maybe they could hire you or your firm to get information before things like this happen so they’re prepared ahead of time in situations like these? 

Well, because most bar owners may be liable for the actions of their customers. 

Many states require that bars carry liquor liability. 

Insurance in addition to general liability coverage. 

So, because these insurance policies have limitations, they probably won’t cover your business if you serve someone illegally. 

Uhm, such as you know somebody underage or something like that. 

So you definitely want to make sure that you speak with a lawyer, because these drum shall laws and bar liability. 

It can be complicated, so speak with the lawyer ahead of time to make sure that you’re in compliance with these drop shot. 

I’m sorry, DRAM. 

Shop laws so that they can make sure that your insurance is together. 

They can check your liability coverage. 

They can put certain documents in place like the your policies and procedures to make sure that your people are trained on it as well as other documents. 

So definitely you can contact the business Warrior to handle that. 

That sounds wonderful, so I feel like I’ve learned a little bit more about what business owners and bars and restaurants are held liable for, and I thank you for your time. 

Where can we find more information? 

Where can we find more about you? 

Well, I handle personal injury, so if you are loved, one know someone who may have become injured as a result of one of the consequences. 

From one of the instances that we talked about here today, or if you know someone who has become injured as a result of you know alcohol and they were maybe at a bar. 

Give us a call 713-974-0388. I am Roxell Richards. Your personal injury attorney. 

That was episode 3 DRAM shop episode of Ask lawyer Powered by Roxell Richards law firm. 

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