Most of the time, when a person in the Fort Worth area is injured as the result of an intoxicated person’s actions, it is because they were involved in a car accident caused by a drunk driver. Under Texas law, the driver and passengers injured in a vehicle hit by a drunk driver – as well as the passengers in the drunk driver’s vehicle – have a legal right to pursue a claim for compensation against the intoxicated motorist’s auto insurance policy – even if those injured were immediate relatives of the intoxicated driver.
However, there are many situations that may occur where an intoxicated individual’s actions might cause injuries to another person that don’t fall under the umbrella of motor vehicle accidents. Depending on the specific circumstances, you may still be entitled to make a claim for compensation.
Dram Shop Law
In Texas, there is such a thing as the Dram Shop Act – a law that essentially seeks to hold liable any bar, restaurant or other business that negligently sells alcohol to an already intoxicated person. If your lawyer is able to prove that your injuries were a result of the customer’s intoxication, then you are able to pursue a claim for compensation against the business that over-served the intoxicated person.
As already mentioned, dram shop claims most frequently come into play in regards to automobile wreck case, but a dram shop claim can be brought under a whole range of different situations. For example, if a person is injured as a result of being assaulted by an intoxicated person on or shortly after they have left a drinking establishment that over-served them, then the drinking establishment in question can be held liable for the damages suffered.
Additionally, if a minor is served alcohol by a business with a liquor license and subsequently suffers injuries as a result of being intoxicated, the business in question can be held liable for the damages suffered.
Injuries at House parties
Part of the Texas Dram Shop Act relates to the serving of alcohol to minors outside of licensed bars, restaurants, and other business venues – for example, if a teenager is served alcohol at a house party. Any adult – other than the minor’s parents or spouse – who provides alcohol to a minor – or who knowingly permits alcohol to be served to a minor on their premises – is liable for any damages resulting from that minor’s intoxicated actions.
For example, if a drunken teenager throws a glass bottle which strikes someone else, then the homeowners of the house where the drunken teen was provided with alcohol can in theory be sued for civil damages related to the injuries suffered.
Whatever your personal situation, it is a good idea to discuss your case with a board certified personal injury lawyer who will be able to help you understand how the law related to your unique situation, and help you identify any and all liable insurance policies.
For a free, no obligation consultation with one of the Anderson Law Firm’s experienced Fort Worth personal injury attorneys, please call today at 817-294-1900.
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