# Are Bars and Clubs Liable for Over-Serving in Houston, TX? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Texas Dram Shop Laws 2. Proving Bar/Club Liability in Alcohol-Related Claims 3. Comparative Negligence and Texas Dram Shop Laws 4. Damages in Dram Shop Claims 5. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help When you go out to a bar or club for a few drinks with friends, you have a personal responsibility to conduct yourself appropriately. What you may not know is that bars and clubs also have a responsibility. In [Texas](https://www.texas.gov/), state dram shop laws prevent alcohol-selling establishments from selling to overly and obviously intoxicated customers. ## Texas Dram Shop Laws According to the laws listed in the [Alcoholic Beverage Code §2.02](https://statutes.capitol.texas.gov/Docs/AL/htm/AL.2.htm), a person may file a lawsuit against any establishment that knowingly continues to serve an intoxicated patron who clearly presents a risk of self-harm or danger to others, if the intoxicated person caused the plaintiff harm. In effect, if a stumbling drunk person starts a brawl in the local sports bar and suffers a concussion, the establishment may face legal responsibility for at least some of the damages. Similarly, if a clearly intoxicated person leaves an establishment and causes a [drunk driving accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/dui/), the establishment may bear some responsibility. The law also applies in cases involving alcohol poisoning, particularly of young legal drinkers who may not know their limits. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Proving Bar/Club Liability in Alcohol-Related Claims The state dram shop laws are clear, but the application of those laws can get tricky. To prove a bar or club’s liability in an alcohol-related incident, the plaintiff/intoxicated patron must prove that: - The establishment did, in fact, sell alcohol to the plaintiff. - The plaintiff can prove a [proximate cause](https://attorneybrianwhite.com/blog/examples-of-proximate-cause-in-a-personal-injury-case/) between the establishment’s over-serving and the level of intoxication. - The plaintiff did suffer some physical injury and/or [property damage](https://attorneybrianwhite.com/blog/property-damage/) as the result of the establishment’s overserving. Proving intoxication without a reliable BAC test often means finding witnesses to the event. If someone will testify they saw the bartender or server doling out drink after drink despite a customer’s loss of coordination, belligerence, and glassy-eyed look, then the plaintiff stands a better chance of proving the establishment’s liability. Beyond linking the establishment to intoxication, the plaintiff needs to prove his or her injuries would not have happened if he or she was not over-served. For example, let’s say an intoxicated individual decided not to drive home after too many drinks and opted for a taxi ride instead, which resulted in an accident. The customer cannot hold the establishment accountable for accident injuries in this case because the accident could have happened regardless of intoxication. ## Comparative Negligence and Texas Dram Shop Laws While establishments may face liability for injuries associated with over-serving, compensation is not a given. Under Texas’s comparative negligence rules, an alcohol-selling establishment will only face liability if a jury determines it was more than half responsible for the incident and injuries. In cases involving drunk driving, for example, the bar or club would only face responsibility for over-serving the patron. The driver would also face liability for choosing to drive after drinking. [Click to contact](/contact-us/) us today ## Damages in Dram Shop Claims A plaintiff can file an over-serving claim against an alcohol selling establishment within a two-year period from the date of the incident. If successful, a plaintiff may secure damages similar to any other personal injury claim minus his or her percentage of fault. A settlement or damage award may consist of compensation to cover medical expenses, pain and suffering, [lost wages](https://attorneybrianwhite.com/faqs/can-i-be-reimbursed-for-lost-wages-after-a-car-accident/), future income-generating capabilities, and property damage. If you think you’ve suffered a serious injury as the result of over-serving at a bar, restaurant, club, or other alcohol-selling establishment, talk to an injury lawyer about your situation. A local Houston injury attorney will help you understand how Texas’s dram shop laws apply in your case and if moving forward with a legal claim makes sense. Establishments that willfully continue to serve very intoxicated customers knowingly put lives at risk. [Dram shops laws](https://attorneybrianwhite.com/blog/texas-dram-shop-law/) exist to keep bars and clubs from negligent serving practices, and you have the right to hold these establishments accountable for their wrongdoings. Complete a [Case Evaluation Form](/contact-us/) Now ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. 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However, a personal injury attorney can [![Texas Marijuana Laws – What You Need to Know](https://attorneybrianwhite.com/wp-content/uploads/2024/01/Texas-Marijuana-Laws-What-You-Need-to-Know-300x169.jpg)](https://attorneybrianwhite.com/blog/texas-marijuana-laws-what-you-need-to-know/) [Texas Marijuana Laws: What You Need to Know](https://attorneybrianwhite.com/blog/texas-marijuana-laws-what-you-need-to-know/) Over the past few years, there's been a notable shift in how the U.S. views marijuana. States like California and New [![Demand Letter Response Time in Texas](https://attorneybrianwhite.com/wp-content/uploads/2022/10/Demand-Letter-Response-Time-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/demand-letter-response-time-in-texas/) [Demand Letter Response Time in Texas](https://attorneybrianwhite.com/blog/demand-letter-response-time-in-texas/) Your Houston personal injury lawyer may send a demand letter to the insurance company of the person who caused your [![The Difference Between Tort Law and Personal Injury Law](https://attorneybrianwhite.com/wp-content/uploads/2026/01/The-Difference-Between-Tort-Law-and-Personal-Injury-Law-300x200.jpg)](https://attorneybrianwhite.com/blog/the-difference-between-tort-law-and-personal-injury-law/) [The Difference Between Tort Law and Personal Injury Law](https://attorneybrianwhite.com/blog/the-difference-between-tort-law-and-personal-injury-law/) When someone gets hurt because of another person’s actions, determining which area of law applies can be confusing. --- Source: https://attorneybrianwhite.com/blog/are-bars-and-clubs-liable-for-over-serving-in-houston-tx/