Dallas Dram Shop Act Lawyer

Attorney Doug Goyen The Law Office of Doug Goyen represents people injured due to negligence. In Texas Dram Shop Act cases we represent people injured by intoxicated drivers who have been over-served by eating and drinking establishments. Attorney Goyen is a Dallas car crash lawyer licensed in Texas since 1997. The Law Office of Doug Goyen provides experienced, aggressive, and powerful representation for our clients. We help our clients recover compensation for their injury cases.

We have handled thousands of personal injury cases and recovered millions of dollars in settlement funds for our clients. If you are in need of a Dallas Dram Shop lawyer, call us at (972) 599 4100 or contact us on our website contact form.

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OUR LEGAL SERVICES

We handle personal injury cases including Dram Shop Act cases in Texas. When a bar or eating establishment over-serves alcohol to an obviously intoxicated customer that conducts places all of us at risk of personal injury or wrongful death when their intoxicated customer leaves the establishment and causes an auto accident.

Texas has passed the Dram Shop Act to discourage bars and restaurants from serving intoxicated customers. The law holds those establishments responsible for the injury done by the intoxicated person when these establishments violate the Dram Shop Act. We pursue these cases and force the establishment to pay for their violation of the law and pay for the injuries they have caused.

Most often in Dram Shop Act cases, the intoxicated person has caused serious injury or death in an auto accident. Establishments that serve alcohol are responsible when they serve an obviously intoxicated person and that person then drives away from the establishment and causes a serious auto accident that results in injuries or death to others.

No Fee Unless You Win Call (972) 599-4100

DRAM SHOP CASE LAW IN TEXAS

patron appears to be overserved alcohol Texas Alcoholic Beverage Code Section 2.02 is known as the Dram Shop Act. The term “Dram Shop” is a place where alcoholic beverages are sold.

There are two types of claims under the Dram Shop Act:

1) Where a plaintiff is injured resulting from the provision of alcoholic beverages by a commercial provider to an obviously intoxicated adult; and

2) Where a plaintiff is injured resulting from the provision of alcoholic beverages by an adult not authorized by section 2.02(c)(1) to a minor under the age of 18. Tex. Alc. Bev Code section 2.02(b), (c).

The purpose of the Dram Shop Act is to discourage providers of alcoholic beverages from serving alcohol to obviously intoxicated people who may cause serious injury or death to others due to their intoxication.

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PROVISION OF ALCOHOL TO AN OBVIOUSLY INTOXICATED ADULT

Elements that must be proven in a https://texas.public.law/statutes/tex._alcoh._bev._code_section_2.02 case involving serving alcohol to an obviously intoxicated adult:

The defendant who has a TABC license (or does not have a TABC license, either way) sold or served alcohol to an adult when it was apparent to the defendant that the recipient was obviously intoxicated, and the intoxication proximately caused the plaintiff’s injury.

1) PROVISION OF ALCOHOL

The defendant can be a licensed or unlicensed provider that serves the alcohol.

Licensed by the TABC: If the provider is licensed then it is a provider under the Dram Shop Act when it either sells or serves the alcoholic beverage. Borneman v. Steak & Ale, 22 S.W.3d 411, 412 (Tex. 2000).

Unlicensed by the TABC: If the provider is unlicensed by the TABC then it is a provider under the Dram Shop Act when it sells the alcoholic beverage. (Example: An employer that served alcohol at a party where there was no charge was not considered a provider covered by the Dram Shop Act, Whitney Crowne Corp. v. George Distribs., 950 S.W.2d 82, 91 (Tex.App.—Amarillo 1997, writ denied).

Others who have been held to not be providers covered by the Dram Shop Act include:

Social hosts: Where an adult served alcohol at a party without charge, they were not considered a provider. Smith v. Merritt, 940 S.W.2d 602, 605-607 (Tex. 1997).

Employers: An employer holding a party and serving alcohol without charging for it was not considered a provider. Whitney Crowne Corp., 950 S.W.2d at 91.

Wholesale distributors: A wholesale distributor is not a provider. They are prohibited by statute from selling or serving directly to consumers. Schmidt v. Centex Bev., Inc., 825 S.W.2d 791, 794 (Tex.App.—Austin 1992, no writ).

Event promoters: A radio station promoting an event at a bar encouraging drinking was not considered a provider. Triplex Comms. v. Riley, 900 S.W.2d 716, 719 (Tex. 1995).

2) OBVIOUSLY INTOXICATED

A plaintiff must prove that the person served alcohol was obviously intoxicated when they were served and were a clear danger to themselves or others. Tex. Alc. Bev. Code section 2.02(b)(1). The apparent conduct must be visible, evident, and easily observable. Bruce v. K.K.B., Inc., 52 S.W.3d 250, 256 (Tex.App.—Corpus Christi 2001 pet. denied). Determining if the provider should have observed the conduct is judged by what a reasonably prudent person would have observed. The Dram Shop Act does not require that the defendant actually witnessed the intoxicated behavior, only that the recipient was showing obvious signs of intoxication. Bruce, 52 S.W.3d at 256 (requiring the provider to actually witness the intoxicated behavior would encourage providers to turn a blind eye to intoxication).

Evidence to prove intoxication:
  1. Amount of alcohol served.
  2. Physical clues such as disorientation, balance, coordination, staggering, and slurred speech.
  3. Changes in behavior or emotions.
  4. Testimony from witnesses about their behavior.
  5. Testimony of blood-alcohol content from officers or medical personnel.
  6. Evidence that the provider regularly served intoxicated recipients (to prove habit or routine practice).

Causation: The plaintiff must prove the intoxication was a proximate cause of the plaintiff’s injury. The injured party/plaintiff can be an innocent 3rd party or an intoxicated person. If it is the intoxicated person their recovery is limited based on their own percentage of responsibility.

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PROVISION OF ALCOHOL TO A MINOR

The Texas Dram Shop Act holds any adult responsible for damages when they serve alcoholic beverages to a minor (under the age of 18) when as a result of intoxication they injure someone. TABC section 2.02(c).

Elements that must be proven in a Dram Shop Act case for provision of alcohol to a minor:

The defendant is an adult at least 21 years of age and is not the minor’s parent, guardian, spouse, or custodian. The defendant knowingly served or provided alcohol to the minor, or allowed alcohol to be served or provided to the minor on the defendant’s premises. The alcohol contributed to the minor’s intoxication, and the intoxication proximately caused the plaintiff’s injury. TABC section 2.02(c).

If an adult (21 or older) allows minors to have parties at their house and they provide alcohol to those minors this applies. If one of those minors provided alcohol drives away from the premises and injures or kills someone then the adult providing the alcohol will be held responsible for the injuries or death caused under the Texas Dram Shop Act.

TYPES OF CASES WE HANDLE

The Law Office of Doug Goyen handles personal injury cases throughout the state of Texas. This includes car crash cases (automobiles, 18 wheelers, motorcycles, pedestrians struck by vehicles, etc.), premises cases (such as injuries caused by a dangerous condition on a property), dog bite cases (or other animals where the owner let their animal loose or had a dangerous animal and the owner’s negligence causes injury to someone else), workplace injuries, and other injuries caused by the negligence or harmful acts of others.

Car Accidents
Car Accidents

We deal with the insurance company and protect your rights while you focus on what you need to do to get better and take care of yourself and those around you.

Truck Accidents
Truck Accidents

Large commercial trucks do serious damage and cause serious injuries. We will fight for you to get you the compensation you deserve and protect your rights while you recover.

DWI Accidents
DWI Accidents

Drunk drivers cause serious injuries and death every year. We fight their insurance companies to get you compensated for the damage and injury they have caused you.

Pedestrian Accidents
Pedestrian Accidents

Pedestrians struck by vehicles can suffer serious injuries. We represent people injured in by negligent drivers and help our clients get compensation for their injury.

Car Accidents
Bicycle Accidents

Bicyclists are at risk of serious injury if they are hit by a vehicle. We represent bicyclists who have been hit by careless drivers.

Truck Accidents
Dram Shop Cases

When bars or restaurants continue to over-serve drunk people, and those people cause accidents that result in injuries, we assist clients in obtaining compensation for their injuries.

DWI Accidents
Motorcycle Accidents

We fight for the rights of motorcyclists who have been hurt by careless drivers. We are fighting for full compensation from the insurance company.

Wrongful Death Accidents
Wrongful Death Accidents

When someone dies as a result of negligence from a motor vehicle accident, the family and estate have a claim against the negligent parties. We represent families and estates in obtaining restitution for their losses


Call For A Free Case Review (972) 599-4100

FREE CASE REVIEWS

Call the Law Office of Doug Goyen at (972) 599 4100 or contact us on our website contact form for a free case review, consultation, and strategy session with our car crash lawyer in Dallas. We will summarize the case, identify the legal issues involved, and identify which legal issues will need the most attention in the case to maximize recovery.

WHAT WE CHARGE

There is no fee unless you win. We charge a contingency fee on Dram Shop Act cases in Texas, and on all personal injury cases, we handle. We are paid a percentage of what we recover for your case. This aligns our interests with your interests. The better we do for you the better we are paid in the case.

No Fee Unless You Win Call (972) 599-4100

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Client Reviews
★★★★★
You want a great lawyer who keeps you informed on whats going on speaks with you personally and gets the job done call Doug Goyen. He is excellent & very professional you wont go wrong choosing him!! Thanks again for all your help Mr. Goyen! Socorro V.
★★★★★
Very efficient staff. I am VERY pleased with this firm. Gina W.
★★★★★
Very professional job handling my accident claim. I had some ER bills, and some visits to my ortho after (and various other bills that kept coming in). I was afraid I was going to get stuck owing money, but Doug Goyen took care of the case and had everything paid, including compensating me for the injury. Great lawyer IMO. I felt like my case was taken care of very well. Thx!! Bernard M.
★★★★★
Doug is a great attorney. He took care of my auto accident claim promptly, and answered any questions I had. I also had one of my hospital bills go into collections for non-payment. I was able to contact Doug a year after the accident, and received a copy of the check the hospital claimed they didn’t receive. I highly recommend this guy. David J.
★★★★★
The Law Office of Doug Goyen helped me recovery every bit I was owed on my claim. Very happy I used them. They knew what they were doing, and kept me informed. I felt taken care of the whole way. You wont go wrong using them. Arthur H.
★★★★★
Mr. Goyen helped me take on my own insurance company, the great and mighty Allstate. My prior firm basically dumped me, with a permanent injury because the case didn’t meet their financial guidelines for a settlement. I was a bicycle rider hit by a car driver at an intersection, and Allstate was the company on BOTH SIDES OF THE CLAIM. My own insurance company tried to throw me under the bus to limit their payout! Without Mr. Goyen’s help, I would have been left with NOTHING! I had thousands of dollars in unpaid medical bills, unable to receive treatment to correct the issue. He was unafraid and helped me get the best settlement I could … I am tremendously thankful! Pamala M.