Dram Shop Liability in Texas
State-specific overview · Tort Law
Texas recognizes dram shop liability for serving underage drinkers and visibly intoxicated persons who cause injury.
How Texas treats Dram Shop Liability
Texas Alcoholic Beverage Code § 2.02 establishes dram shop liability when a vendor serves alcohol to someone under 21 or to a visibly intoxicated person, and that service is the proximate cause of injury to a third party. The injured party must prove the vendor knew or should have known of the intoxication or underage status. Both bars and off-premises retailers can face liability under this statute.
The general definition of Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Dram shop liability holds businesses that sell alcohol accountable when they serve drinks to someone who is already drunk or visibly intoxicated, and that person then causes injury or damage to others. The law recognizes that the bar or store had a duty to refuse service in these situations. If they fail to do so and the customer harms someone—say, by driving drunk—the business can be sued for those damages. The idea is to discourage over-serving and create an incentive for responsible alcohol service.
Read the full Dram Shop Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.