Overview |
Dram Shop
Cases
At
Rush & Gransee, L.C. we have represented the
families of individuals seriously injured or killed
by drunk drivers. In many instances, the drunk
driver is the only person responsible for the
actions that led to the injury or death of an
innocent person. Kurt Gransee is a former DWI Task
Force Prosecutor for the Bexar county District
Attorney’s Office. Mr. Gransee has extensive
experience in drunk driving issues.
However, in many circumstances, the drunk driver
is not the only person with fault. In Texas, when an
establishment is granted the privilege of holding a
license to sell alcoholic beverages, that business
must do so in a responsible manner. Texas law allows
"dram shop" claims against taverns, restaurants and
sellers/servers of alcohol that violate Texas law by
providing alcoholic beverages to a person that is
already obviously intoxicated and a danger to
themselves or others.
A “provider” of alcohol, is defined under V.T.C.A.
ALCOHOLIC BEVERAGE CODE §2.01. The provision, sale,
or service of alcoholic beverages to a person may
constitute violations under the Texas Alcoholic
Beverage Code including, but not limited to:
- In providing, selling, or serving alcoholic
beverages to a person when it was apparent to
that the person was obviously intoxicated to the
extent that they presented a clear danger to
himself and others;
- In directly or indirectly allowing and
encouraging the employees, agents, or
representatives of a provider to violate §2.02
and §106.14, TEXAS ALCOHOLIC BEVERAGE CODE;
A dram shop claim may arise when a bar,
restaurant or liquor store sells alcoholic beverages
to an already "intoxicated person." If the
"intoxicated person" is provided alcohol, and then
injures someone as a result of the influence of
alcohol, the courts may impose liability for the
injuries on the server/seller of the liquor. The
"dram shop" claim may provide lawful compensation to
the victim, especially when the intoxicated driver
is uninsured or underinsured.
At Rush & Gransee, L.C., we have the experience
to investigate and evaluate all of the possible
causes of a serious wreck involving an intoxicated
driver. We have the resources to properly determine
the level of intoxication of the driver, and hold
the seller/server of alcohol responsible, if they
violated their responsibility by selling/serving
alcohol under the privilege of a license, to a
person already intoxicated and dangerous.
There are many sources of information that allow
us to recreate the circumstances of a drunk driving
accident – the “where,” “how,” and “why” someone
became intoxicated and ultimately injured another.
In prior cases we have worked with the Texas Alcohol
and Beverage Commission (TABC) to determine where,
and how much alcohol was consumed by a drunk driver.
The TABC investigates many fatal drunk driving
accidents and investigates the establishments that
provided the alcohol to the intoxicated driver.
Mothers Against Drunk Drivers (MADD) is an
advocacy and support group for the victims of
intoxicated drivers. Not only have we seen instances
where MADD has provided much needed counseling to
the victims and their families, but they also have
provided moral support and in-court support when
some of these cases are called to trial.
If you, or a loved one, have been the victim of a
drunk driver, contact Rush & Gransee, L.C., and we
will offer a full evaluation of your legal rights to
be compensated. |
