Super Bowl weekend consistently leads to an increase in alcohol-related crashes across North Texas. While criminal cases focus on the intoxicated driver, Texas law also allows an injured victim to pursue a civil claim against the bar, restaurant, or other venue that overserved alcohol before the crash occurred. These claims fall under Texas dram shop laws and are separate from any lawsuit against the driver. Many victims begin by asking a critical question: can the establishment that brought about the intoxication be held responsible?
Bailey & Galyen handles dram shop and drunk driving injury cases throughout North Texas. We examine not only the actions of the driver, but also whether a bar or restaurant ignored clear signs of intoxication before serving additional alcohol.
If you have been hurt in a serious crash by someone who was served alcohol while visibly intoxicated, we can help you pursue compensation for your losses under Texas law.
What Dram Shop Liability Means Under Texas Law
Texas dram shop liability arises under the Texas Alcoholic Beverage Code. It allows injured parties to hold a licensed alcohol provider accountable when the provider’s conduct contributes to a drunk driving crash. Unlike a typical personal injury case, dram shop claims are not automatic. A bar or restaurant is not liable simply because it served alcohol to someone who later caused a wreck. Liability depends on whether the establishment violated a specific legal standard while serving that patron.
In practical terms, dram shop claims focus on the actions of the business, not the fault of the driver.
The “Obvious Intoxication” Standard in Texas
Under the Texas dram shop laws, an establishment may be liable if it served alcohol to a person who was obviously intoxicated to such an extent that the person presented a clear danger to themselves or others.
“Obvious intoxication” is a legal standard. It refers to visible signs, such as slurred speech, loss of balance, confusion, or impaired coordination, that should have alerted a reasonable server to stop service. This standard is intentionally high, but not insurmountable. Proving obvious intoxication often depends on an accumulation of circumstantial evidence rather than a single fact.
Evidence That Proves a Bar Overserved a Patron
Successful dram shop claims are evidence-driven. Key proof often includes
- Electronic point-of-sale records may show the number, type, and timing of drinks served. Time-stamped receipts can establish rapid service or excessive volume.
- Surveillance footage, if preserved, may show the patron’s condition inside the establishment.
- Social media posts, check-ins, and videos uploaded during the event can also demonstrate visible intoxication.
- Witness statements from other patrons or staff may further corroborate what servers should have observed.
Because much of this evidence is controlled by the establishment, early legal action is critical to prevent loss or alteration.
Why Post-Super Bowl Cases Are Treated Differently
Post-Super Bowl dram shop cases present unique issues. Establishments often operate at or beyond capacity, offer drink specials, and rely on temporary or overextended staff. In addition, high-volume service environments increase the risk of overserving and reduce meaningful monitoring of patron behavior.
Courts understand these conditions and closely examine whether North Texas establishments followed responsible service practices during major events. Crowded settings do not excuse statutory violations.
How Dram Shop Claims Expand Compensation Options
Dram shop liability can significantly expand recovery options for crash victims. Commercial establishments typically carry higher insurance limits than individual drivers.
Pursuing these claims alongside a drunk driving lawsuit can provide access to additional compensation for medical care, lost income, and long-term harm.
This is why victims often consult a drunk driving accident lawyer to evaluate whether Fort Worth or Dallas establishment liability applies to their case.
Read Also: Can You Sue a Bar for Over-Serving a Drunk Driver in Texas
Speak With a North Texas Attorney About Dram Shop Liability Claims
Dram shop negligence claims are governed by strict statutory standards and depend on timely, detailed evidence. Acting without guidance can result in lost records, missed deadlines, or the inability to meet the legal burden of proof.
Bailey & Galyen, the official law firm sponsor of the 2023 World Series champion Texas Rangers, has protected the rights of individuals and businesses in the DFW Metroplex and across the state of Texas for more than 40 years, earning more than 5,000 five-star reviews.
To see if you are eligible for a free initial consultation, contact us online or call our offices at 844-402-2992. We are available by phone 24 hours a day, seven days a week. We will meet with you evenings or weekends, if necessary. Hablamos español en nuestra oficina.
Bailey & Galyen – Solving Your Legal Puzzle®