Texas Alcoholic Beverage Code section 2.02 lets an injured person sue a bar, restaurant, or other provider that served someone who was obviously intoxicated to the extent of presenting a clear danger, when that intoxication caused the crash. It can add a second source of recovery beyond the drunk driver. Owsley Law Firm handles dram shop claims and charges no fee unless we win.
Many drunk drivers carry only minimum insurance. A dram shop claim can reach the business that kept serving them. Texas law sets a demanding standard, but when the facts fit, the claim can be decisive for a seriously injured person or a grieving family.
This page explains what must be proven, the seller training defense, and the separate rule for adults who serve minors.
When is a Texas bar liable for a drunk driving crash?
When it was apparent to the provider that the person was obviously intoxicated to the extent of presenting a clear danger, and that intoxication was a proximate cause of the damages.
The claim against the provider is separate from the claim against the driver, and both can be pursued at once. A jury assigns percentages of responsibility to each under Chapter 33. A provider with commercial liability insurance can make a meaningful difference when the driver carried only the minimum.
Both elements must be proven. Evidence often includes receipts and tabs, the number and timing of drinks, server and witness accounts, and video showing the person’s condition.
- Bar tabs and receipts
- Surveillance video
- Witness and server testimony
- Toxicology results
- Time between last service and the crash
What is the seller training defense?
Under section 106.14, an employee’s actions may not be attributed to the employer if the employer required approved seller training, the employee attended it, and the employer did not encourage the violation.
Bars often raise this defense. It turns on training records and the employer’s conduct, so those records are requested early.
Can an adult be liable for serving a minor?
Yes. An adult 21 or older can be liable for damages caused by the intoxication of a minor under 18 if the adult knowingly served or allowed the minor to be served on premises the adult owns or leases.
The rule does not apply to the minor’s parent, guardian, or spouse, or to an adult with court-ordered custody of the minor.
Is the dram shop law the only claim against a bar?
For serving adults 18 and older, Chapter 2 is the exclusive cause of action against the provider.
Section 2.03 makes the statutory claim exclusive for providing alcohol to a person 18 or older. Claims against the intoxicated driver are separate and unaffected.
Can a social host be liable for serving alcohol?
For adult guests, Texas generally does not impose social host liability, but an adult who knowingly serves a minor under 18 can be liable under section 2.02(c).
Section 2.02(b) applies to providers who sell or serve alcohol. A private host serving adult guests generally falls outside it. The minor rule is different: an adult who knowingly provides alcohol to a minor, or allows it on property the adult owns or leases, can be liable for resulting damages.
These claims require careful evidence of who provided the alcohol and where.
What should you do after a crash with a drunk driver?
Get the police report, ask where the driver was drinking, and act quickly to preserve the bar’s video and receipts.
Bar video is often overwritten within days or weeks. Early preservation letters protect the evidence a dram shop claim depends on.
How it is proven after a crash
- Bar receipts and tabs
- Surveillance video
- Witness and server statements
- Blood alcohol results
- Police investigation of where the driver drank
Mistakes that cost people money
- Assuming only the driver can be sued
- Waiting until bar video is overwritten
- Overlooking seller training records
- Confusing the criminal case with the civil claim
Frequently asked questions
Can I sue a bar for a drunk driving accident in Texas?
Yes, if the bar served someone obviously intoxicated to the extent of presenting a clear danger and that intoxication caused the crash.
Do I have to prove the person was obviously drunk?
Yes. That is the core element of section 2.02(b).
Can a restaurant be liable too?
Yes. The law applies to providers of alcoholic beverages, not only bars.
What if the bar trained its servers?
It may raise the section 106.14 seller training defense, which depends on training records and the employer’s conduct.
How long do I have to file?
Generally two years from the crash or death under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
