Are bartenders liable for someone else’s DUI?

On Behalf of | Sep 17, 2019 | Firm News |

If you are a Texas-based bartender or anyone else, such as a house party host/hostess, who serves alcohol to guests, you may find yourself on the hook for a drunken driver’s misdeeds. Knowing about dram shop laws helps you keep your hands, and conscious, clean.

 Alcohol.org examines bartender liability in DUIs. Learn how to not only protect yourself, but your patrons and guests, as well.

 Dram shop laws

 Dram shop laws apply to establishments that serve alcohol to either minors or noticeably intoxicated individuals. Should such individuals leave the establishment in a drunken state and injure, or worse, someone or damage property, the person who served them could also face liability.

 First-party cases

 In a first-party dram shop case, individuals who were visibly intoxicated and received more alcohol from a bartender can try to raise a case against the bartender or establishment. Specifically, the individual attempts to have the bartender or business pay for property damage or physical injuries she or he caused while intoxicated. This puts all the blame on the shoulders of the bartender rather than the person who consumed alcohol.

 Third-party cases

 In a third-party dram shop case, anyone injured by an intoxicated driver can bring a case against an establishment or a bartender for continuing to serve a visibly intoxicated patron. The injured third party has the burden of proof, such as proving which bartender or business is at fault and demonstrating that the individual was visibly intoxicated when served more alcohol.

 This information is only intended to educate and should not be interpreted as legal advice.