Yes, under Texas dram shop law. A bar, restaurant, or club that served a person who was obviously intoxicated, and whose intoxication caused the crash, can be held liable for the injuries.
Alcoholic Beverage Code Chapter 2 creates the claim. It requires proof that the establishment served alcohol to a person who was obviously intoxicated to the point of presenting a clear danger, and that the intoxication proximately caused the harm.
These claims matter because the drunk driver often carries minimum insurance while the business carries a commercial policy. They also require fast action: receipts, surveillance video, point-of-sale records, and witness accounts from the bar disappear quickly.
The criminal DWI case against the driver provides evidence, including blood alcohol results and the timeline of where the driver had been. The civil claim does not wait for the criminal case.
Owsley Law Firm investigates every drunk driving crash for a dram shop claim and charges no fee unless it wins.
Texas dram shop liability is narrower than many people expect. Under Alcoholic Beverage Code section 2.02, the provider is liable only when it was apparent to the provider at the time of service that the customer was obviously intoxicated to the extent of presenting a clear danger to themselves and others. Serving a minor is a separate basis. The statute makes this the exclusive remedy against providers, so ordinary negligence theories are not available against them.
Businesses have a safe harbor. Alcoholic Beverage Code section 106.14 protects an employer whose employee served the customer if the employer required TABC-approved seller training, the employee attended it, and the employer did not encourage over-service. Whether a bar qualifies for it is a fact question that is investigated early, including the training records and the bar's policies.
Proof usually comes from records and witnesses: credit card receipts and tabs, point-of-sale data showing the number and timing of drinks, surveillance video showing the customer's condition, and testimony from bartenders and other patrons. Because bars overwrite video and turn over staff, preservation letters need to go out quickly.
A dram shop claim runs alongside the claim against the driver. Punitive damages may also be pursued against the driver, since driving while intoxicated can be gross negligence. The driver's insurance may be limited, and the business's commercial policy is often the larger source of recovery, which is what makes these claims worth investigating in every serious drunk-driving crash.
Mistakes that cost people money
- Assuming the criminal case is all you need and not investigating where the driver was drinking.
- Waiting until the business has overwritten its video.
- Not asking for the driver's receipts, tab, or phone records showing where they were.
- Speaking to the bar's insurer without advice.
Related questions
Can I sue a friend who hosted a party?
Texas social host liability is limited. Under Chapter 2 a host generally is not liable for an adult guest's drunk driving, though serving a minor can create liability. The facts determine whether any claim exists.
What if the driver was under 21?
Serving alcohol to a minor is a separate basis for liability under Alcoholic Beverage Code Chapter 2. The claim depends on proof that the business served the minor and that the service caused the crash.
Do I need to wait for the DWI case to end?
No. A civil claim is independent of the criminal case, and its two-year limitation period continues to run. The criminal case can provide evidence, but you should not wait for its result before acting.
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