Dram Shop and Alcohol-Related Liability in Texas

Posted June 12, 2025 | Personal Injury Blog

If you were in a serious car accident or otherwise harmed as the result of someone else’s negligent actions, the repercussions can be devastating. When the accident was caused by an intoxicated individual, there may be multiple avenues for restitution – depending on the circumstances.

Under Texas law, if you were injured by someone who was drunk, you can sometimes hold the establishment or party that provided them with alcohol liable for your damages. Below, we will take a closer look at Texas dram shop and alcohol liability laws and how these may impact personal injury claims involving intoxication.

Texas Dram Shop Law Explained

The primary goal of dram shop laws is to protect the public from alcohol-related harm. The Texas Alcoholic Beverage Code allows individuals to hold establishments selling alcohol liable when they knowingly over-serve a patron who then causes harm or injury to others.

Under the law, to hold a seller liable for the damages caused by an intoxicated person, you will have to establish these 2 elements: visible intoxication and clear causation. 

If, at the time the alcohol was sold or served, the patron was obviously intoxicated to the extent that he or she posed clear and present danger to themselves and others, then he or she was visibly intoxicated. Additionally, the intoxicated state of the individual who received the alcohol directly led to the harm inflicted on others. 

Personal injury claims involving alcohol-related liability can be complex. Proving that an establishment over-served a visibly intoxicated individual is rarely a straightforward process. An experienced personal injury attorney can help you establish the facts of your case and put the Texas dram shop law to work on your behalf.

Who May Be Liable Under the Texas Dram Shop Law?

In Texas, an alcohol “provider” is a broad term and can be applied to any person who sells or serves alcoholic beverages with the authority of a license or permit – or who otherwise sells alcohol to an individual. Thus, dram shop liability could ultimately involve a number of people in various situations.

Individuals who could potentially be found liable under the Texas dram shop law include:

• Bartenders
• Restaurant servers who offer alcoholic beverages to patrons
• Hotel staff who serve alcohol to guests in bars or via room service
• Event hosts who serve alcohol at public or private gatherings
• Catering staff at events where alcohol is served
• Liquor store employees who sell alcohol
• Convenience store employees who sell alcohol
• Owners or managers of any establishment with a license to serve alcohol

If you were in an accident caused by a drunken individual, it is in your best interest to determine if he or she had been sold alcohol while visibly intoxicated prior to the incident. Doing so will ensure that all liable parties are held accountable for your damages and may protect the community by preventing future alcohol-related accidents from occurring.

Social Host Liability in Texas

Social host liability refers to the legal responsibility of a person who provides alcohol at a social gathering. In general, private hosts are not usually held liable for the actions of an adult guest who leaves their residence intoxicated and subsequently causes an accident.

However, the Texas Alcoholic Beverage Code outlines the circumstances under which a social host can be held liable for the damages caused by an intoxicated minor.

A social host, 21 years of age or older, can be liable for the harm caused by the intoxication of a minor under the age of 18 if:

• The host is not the minor’s parent, guardian, or spouse
• The host knowingly served or provided the minor with any of the alcoholic beverages that contributed to the minor’s intoxication
• The host knowingly allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the host

Knowingly serving a minor alcohol to the point of intoxication is a serious matter. If you were in an accident caused by an intoxicated individual under the age of 18, you may have legal recourse against the adult who provided or served the alcohol.

Get Help With Your Alcohol-Related Liability Claim Today

In the aftermath of an injury accident involving an intoxicated individual, you may feel overwhelmed by the pressures of filing a personal injury claim or lawsuit. Cases involving third parties who may have overserved alcohol can be that much more stressful.

Frankly, Texas dram shop and social host liability claims can be legally complicated and challenging to prove. The experienced injury lawyers at Fielding Law are adept at handling all manner of alcohol-related liability claims and want to assist you during this difficult time. 

Our attorneys firmly believe that intoxicated individuals and anyone who irresponsibly provides them with alcohol should be held accountable for the harm and devastation they cause. We will use our decades of experience to help you achieve maximum financial compensation for what you have gone through.

Get the help you deserve. Call Fielding Law at (877) 880-4090 or fill out our online contact form for a free case review. We want to hear your story.

Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.