Bailey & Galyen Attorneys Discusses Potential Liability for Drunk Driving Accidents
Earlier this month, Bailey & Galyen personal injury lawyer Kern Lewis joined Michael Galyen on The Legal Hour to provide viewers with an overview of the Texas dram shop laws. Dram shop laws govern the liability of bar, tavern, and restaurant owners, among others, for injuries caused when a patron consumes alcohol at their establishment and then causes a personal injury (typically as the result of a car, truck or motorcycle accident).
A personal injury attorney whose practice focuses on catastrophic injury, Lewis is locally and nationally recognized as a trial lawyer. Board-certified by the National Board of Trial Advocacy as a civil trial advocate, Lewis is also board-certified in civil trial law and consumer and commercial law by the Texas Board of Legal Specialization.
Lewis noted that the term “dram shop” actions originated in English law where liquor was typically sold by the “dram,” a measurement similar to a shot. The so-called “dram shop” laws address when a commercial entity (such as a bar or tavern) may have some legal responsibility for injuries subsequently caused by a patron who was served alcohol.
Lewis also noted that, while dram shop actions have been around in many other states for more than 100 years, they are relatively new in Texas, dating back to 1987, when the Texas Supreme Court issued a ruling that changed the law in Texas. Before that decision, the law generally held that a person who became intoxicated and caused an accident was solely responsible for the consequences. The 1987 ruling, though, allowed an injured person to sue the person or establishment that provided the alcohol, if the person served was “obviously” intoxicated at the time they were served alcohol. Lewis stressed that liability is based on knowledge of intoxication, not on the amount of alcohol served. Lewis said that the reasoning behind imposing liability on the establishment stems from the perception that a person who is “obviously” intoxicated no longer has the capability to make rational judgments about whether or not to consume more alcohol.
Lewis stressed, though, that there’s a “safe harbor” defense built into the law, that allows the owner of the establishment a special defense if they make certain that anyone who serves alcohol has gone through approved training to develop the tools and skills to recognize when a person is “obviously” intoxicated.
Read Also: Dram Shop Liability in Texas: What You Need to Know
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