Texas Bar Owner Liability for Assaults Caused by Overserved Patrons

Understanding Bar Owner Liability in Texas

Owning a bar in Texas comes with significant responsibilities, including ensuring patrons do not become overly intoxicated and endanger others. When a bar over serves alcohol to a customer who later commits an assault, the establishment may be held liable under Texas dram shop laws. Knowing your rights and responsibilities is crucial if you are a bar owner or someone harmed by an overserved individual.

What Is Texas Dram Shop Law?

Texas holds bars, restaurants, and other establishments accountable for serving alcohol irresponsibly through the Texas Dram Shop Act (Texas Alcoholic Beverage Code § 2.02). This law allows victims of alcohol-related incidents to sue establishments that negligently serve alcohol to patrons who are obviously intoxicated.

The term “dram” comes from an old unit of measurement used for serving alcohol. In 18th and 19th-century taverns, liquor was sold by the “dram,” which is about an eighth of a fluid ounce. Like some other states, Texas law uses the term “Dram Shop” to refer to establishments that serve alcoholic beverages.

Key points of the Texas Dram Shop Act:

Bars and restaurants cannot serve alcohol to patrons who are visibly intoxicated.
If an intoxicated individual causes harm to another person, the establishment that overserved them may share liability.
The law applies to civil and criminal cases, meaning bar owners may face lawsuits and regulatory penalties.

For example, if a visibly drunk customer is continuously served at a bar, then leaves and physically assaults someone, the injured party may have grounds to file a claim against the bar.

Proving Liability in a Dram Shop Case

To successfully bring a claim against a bar, the injured party must prove that:

The bar served alcohol to a patron who was clearly intoxicated.
The intoxication was a direct cause of the assault.
The bar’s negligence contributed to the victim’s injuries.

Evidence such as witness statements, security footage, and receipts from the bar can help establish liability.

Consequences for Bar Owners

If a bar is found liable for an assault caused by an intoxicated patron, the consequences may include:

Civil lawsuits: The victim can sue the bar for medical bills, lost wages, and pain and suffering.
Loss of liquor license: The Texas Alcoholic Beverage Commission (TABC) may suspend or revoke the bar’s license.
Fines and penalties: Bars can face significant fines for violating dram shop laws.

What Defenses Are Available to Bar Owners Accused of Over Serving Customers?

Bar owners facing a dram shop lawsuit have legal defenses, including:

Safe harbor defense: – If the bar provided standard TABC training to its staff, it might avoid liability. Particularly if the server or bartender responsible does not have a history of negligence.
Lack of obvious intoxication: – If the patron did not show visible signs of intoxication, the bar may argue it had no reason to stop serving them.
Intervening causes: – If other factors contributed to the assault, such as the patron consuming additional alcohol elsewhere, the bar might not be held 100% responsible.
Comparative negligence: – If the injured party provoked the altercation or engaged in mutual combat, the bar may argue the alleged victim was partially or primarily responsible for their own injuries. Under Tex. Civ. Prac. & Rem. Code § 33.001, if the injured person was more than 50% responsible for the altercation, they cannot recover damages from the bar.
Assumption of risk by the victim: If a victim of assault willingly participated in a dangerous situation, such as escalating a verbal argument into a physical fight, the bar may be able to argue the alleged victim knowingly accepted the risk of harm.
Intervening causes defense: If another factor—such as a separate aggressor, a personal dispute, or police inaction—played a significant role in the assault, the bar may not be fully liable.

How Can I Reduce My Liability as a Texas Bar Owner?

As a bar owner, you can reduce your liability under the Texas Dram Shop Act by taking proactive measures to ensure responsible alcohol service.

Keep Staff Certified and Refreshed on Their Training

Enroll employees in TABC certification courses, which teach how to recognize intoxication and prevent overservice. Regularly require staff to refresh their training and discuss real-life scenarios to reinforce responsible practices.

Establish Clear Service and “Cut-Off” Policies

Servers are required to track the drinks per customer, especially when serving high-alcohol-content beverages. Implement a “cut-off” policy to stop serving visibly intoxicated patrons and ensure all staff follow this consistently. Provide non-alcoholic options and encourage alternative transportation for impaired patrons.

Monitor and Document Incidents

Keep a daily log of any incidents, including customers cut off from service, physical altercations, or signs of extreme intoxication. Use surveillance footage to support records in case of legal disputes.

Control the Environment

Train bouncers and staff to de-escalate conflicts before they turn violent. Ensure adequate lighting, security presence, and clear exit paths to maintain safety.

Verify Customer Age and ID

Check IDs for every customer who looks under 30 to prevent serving minors. Electronic ID scanners are used to identify fake IDs, and the record of scans should be retained.

Steps to Take If You Are Injured by an Overserved Patron

If you have been assaulted by someone who was over served at a Texas drinking establishment, take the following steps:

Call the police to arrive to control and document the incident.
Seek medical attention to treat any injuries.
Save any evidence you may have, such as bar receipts or photographs of the evening.
Consult a personal injury attorney in Pearland, Texas, to explore your legal options.

With You When It Counts: The Kahn Law Firm, P.C.

At The Kahn Law Firm, P.C., we understand how devastating alcohol-related assaults can be.

Whether you are a bar owner facing a lawsuit or a victim seeking justice, we are here to provide strong representation. Our husband-and-wife legal team has extensive experience in criminal defense and personal injury; they know how to build a compelling case for the defense. We are compassionate towards our clients, but when facing a prosecutor, we are aggressive advocates—we will fight to protect your rights and interests.

As a small law firm, we take pride in providing each client with individualized attention. When you come to us with a legal issue, we know it’s important to you, and we approach it with the attention and focus it deserves. Call us today at 713-999-6549 for a free consultation. We are ready to defend your rights and provide the legal guidance and support you need.