Dram Shop Liability in San Antonio

Alcohol-related crashes and injuries can leave injured people facing medical bills, time away from work, and consequences that were entirely preventable. When a business (or in some cases, an individual) continues serving alcohol to someone who is clearly intoxicated, that decision can place the public at risk. An injury lawyer can evaluate whether dram shop liability applies and explain your legal options.

In San Antonio, bars, clubs, and restaurants can be held responsible for injuries caused by patrons who are over-served alcohol in their establishments.

If you or a loved one were injured by an intoxicated person, our leading attorney with dram shop liability in San Antonio, Attorney Felix Gonzalez, may be able to help you get compensation under Texas Dram Shop laws. Our free consultations come with no obligation and no pressure. Our drunk driving accident attorneys simply want to help you understand your rights and options.

Local establishments that can legally serve alcohol in have a responsibility to their customers and the community to serve appropriate amounts of alcohol to their patrons. Unfortunately, they don’t always take this responsibility seriously.

As a result, Texas passed the Texas Dram Shop Act in 1987, and it applies to most bars, clubs, restaurants, and other alcohol-serving establishments across the state. The Act is designed to hold businesses responsible when they fail to serve alcohol responsibly and it results in injury or death.

Specifically, the Act holds alcohol-serving establishments responsible if:

• The establishment sold or served to the individual alcohol when they were already intoxicated.
• The individual was clearly intoxicated to the point that they presented a danger to themselves or others.
• The serving or selling of alcohol was the direct cause of the injuries, damages, or death sustained.

A skilled San Antonio attorney could help a plaintiff understand these requirements and determine whether a local bar opened themselves to liability by failing to adhere to dram shop requirements.

Most dram shop liability cases in San Antonio are based on drunk driving accidents. However, that’s not the only type of accident that alcohol-serving establishments can be held responsible for.

• Bar fights or other instances of violence that result in injury and were directly the result of intoxication
• Slips, trips, and falls due to intoxication
• Motorcycle accidents caused by an over-served rider
• Any other damages or injuries that are the direct result of an intoxicated individual

Dram Shop laws do not exist to pardon or excuse intoxicated persons from taking responsibility for their choices. Rather, the purpose of Dram Shop laws is to make sure that establishments that recklessly over-serve alcohol are held responsible for their contribution to your accident or injuries.

Additionally, many drunk drivers don’t have enough insurance to cover the damages and injuries they cause. Therefore, in many cases, both the establishment and the intoxicated individual are listed as defendants, and each are held liable for their own negligent and irresponsible actions.

This ensures that you and your loved ones are fully compensated for your injuries, pain, and suffering. It also sends a clear message that over-serving and over-drinking will not be tolerated.

Liquor-licensed establishments in San Antonio often try to avoid liability by using the Safe Harbor Defense. The establishment will try to argue that:

• They require all their employees/servers to attend a TABC seller training program.
• The employee who over-served attended and passed the training.
• The employer did not encourage the employee to over-serve.

Essentially, the establishment can argue that they made every effort to serve responsibly and are therefore not responsible for the actions of one reckless employee.

Establishments that over-serve often abuse and overuse the Safe Harbor Defense. They instantly use it as an excuse to try and get a dram shop case against them thrown out of court.

To prevent this type of defense, an early investigation is essential. We must be able to find witnesses, collect evidence, and gather documentation before this information becomes compromised.

Social Host Liability

Dram shop claims in San Antonio are not limited to bars and restaurants. In some situations, Texas law also allows injured individuals to pursue claims based on social host liability. This applies when a private individual provides alcohol under circumstances that create a foreseeable risk of harm.

Social hosts may face liability if they knowingly provide alcohol to a minor who later causes injuries or death. Unlike licensed establishments, social hosts are generally not liable for serving alcohol to adults, but there are important exceptions involving underage drinking. When alcohol is provided to a minor who becomes intoxicated and causes a crash or other injury, the consequences can be severe for everyone involved.

An attorney can evaluate whether social host liability applies and whether another party, in addition to the intoxicated individual, should be held responsible. These cases require careful investigation into who provided the alcohol, what they knew at the time, and how the injuries occurred.

What Dram Shop Attorneys Do for Injured Individuals

San Antonio dram shop cases are complex and may also be heavily contested. Alcohol-serving establishments and their insurance companies typically act quickly to protect themselves, which makes legal representation important. An attorney investigates the circumstances of the alcohol service and builds a case designed to overcome common defenses.

This process may involve:

• Obtaining surveillance footage, receipts, and point-of-sale records
• Interviewing witnesses who observed the intoxicated person
• Reviewing TABC training records and employment policies
• Analyzing whether the Safe Harbor Defense truly applies
• Identifying all liable parties and available insurance coverage

Felix Gonzalez focuses on uncovering evidence before it disappears and presenting a narrative that connects overserving to the resulting injuries. This approach is important when an injured person is facing catastrophic harm or a family is pursuing a wrongful death claim.

When to Contact a Lawyer About Dram Shop Liability

Timing matters in dram shop cases. Evidence such as video footage, witness recollections, and transaction records can be lost or destroyed if action is delayed. An injured individual should consider speaking with an attorney as soon as possible after an alcohol-related injury.

It may be time to consult a lawyer if:

• An intoxicated driver caused a serious crash
• Alcohol was served despite visible signs of intoxication
• A minor was provided alcohol before an accident
• Insurance coverage appears insufficient to cover losses

These claims often arise when an intoxicated individual’s impaired judgment or coordination creates a foreseeable risk of harm to others, whether on the road or within the establishment itself.

Discuss Dram Shop Liability With a San Antonio Attorney

If you were harmed by someone who was over-served alcohol, you do not have to navigate the legal process alone. A lawyer can review what happened, explain whether dram shop liability in San Antonio applies, and help you pursue accountability.

Felix Gonzalez offers free consultations to help injured people understand their rights and take the next step toward financial recovery. Contact our firm today to discuss your case and learn how the law may work in your favor.