§ 247 (1996. Duenez, 237 S. A. Torres, shortly after he suffered an injury that eventually required surgery. Later that night, just moments after leaving the bar, a drunk Delbosque ran a red light and hit 59-year-old Tamra Kay Kindred, and her granddaughter, 16-year-old Aujuni Tamay Anderson. Overserving Liability. You can find the first post here , and the second post here . 02(a). 3 Texas first regulated dram shops in 1895, by passing the first dram shop act, which was revised in 19114 and then repealed by revision and omission in 1919. Robert and Daniel M. Call our Washington office today at (360) 244-4444 for a. 1. The dram shop liability law in Texas applies to anyone, entity, or establishment that is licensed or permitted to serve alcohol or sell alcohol in the state. Woodruff, 901 S. A recent tragedy in League City, Texas, has once again brought the issue of dram shop liability to the forefront. Liability may be imposed either under specific state laws (“dram shop acts”) or under the general law of negligence. Finally, in Texas, a minor is defined as someone under the age of 18 rather than 21 regarding dram shop liability. § 2. Dram shop laws are named after establishments in 18th century Britain that sold gin by the spoonful (a "dram"). Dram shop laws hold businesses liable for selling or serving alcohol to intoxicated persons or minors who. An employer has a common law right of indemnity against an employee (See Aviation Office of America v. Phillips. Medical Malpractice 10. 02 of the Texas Dram Shop Act imposes liability on alcohol providers for actions of intoxicated customers. 618 (Ala. Within days of that ruling, the state legislature passed. Law Office of Doug Goyen. Insurance Bad Faith 14. 3d 177, 181 (5th Cir. It’s important to note that the intoxicated person will still bear the lion’s share of the. v. It is call “dram shop” because in 18 th century England, taverns would measure out alcohol by a unit of measurement called a “dram. For a bar to be liable under Texas Alcoholic Beverage Code Title 1, Chapter 2, the following two elements must be present:Torres v. Understanding Dram Shop Liability Laws. W. For example, if a bar failed to cut off service to an individual who was clearly inebriated, who then drove and crashed into another car, the bar may be partially liable for any. Hutchings Georgia Supreme Court decision. When a bar or eating establishment over-serves alcohol to an obviously intoxicated. The state's courts have held that this prohibition opens up an opportunity for a person injured by. Bullard, 157 Ala. Cunningham described the most common dram shop claims as “serving or over-serving a customer who causes. § 340A. If you or a loved one were injured in an collision with a drunk driver, liability for the accident may reach beyond the drunk driver involve. 2d 651 (Va. The Texas law on dram shop liability states that a bar or retailer who served alcohol to a customer who was obviously intoxicated at the time may be liable for any injuries or. For example, if person A is over served, leaves the establishment, and speeds, hitting and killing person B, then person. Virginia has no dram shop statute on the books. The Texas Dram Shop Act is an important law that aims to prevent drunk driving accidents and hold negligent parties accountable. Matters are further complicated when a governmental entity is involved, including determining which entity to notify and understanding any limits on recovery. Phone. The clock starts ticking on the date the injury occurs, not when you discover you might have a legal claim. We are well-versed in state alcohol laws and can help you recover multiple forms of damages, including: Medical reimbursement. Attorneys Available 24/7 Call: 972-960-0000 Offices in carrollton & DallasFamily members who are eligible to file a wrongful death claim include: Legal spouses; Surviving children (blood or adopted) Parents (blood or adopted) Damages Awarded in Dram Shop Law Claims. 02 Defendant TEXAS ENTERTAINMENT SERVICES, LLC may be. The question comes to us on remand from the. 1995) (review denied. And Missouri's Supreme Court has ruled that Missouri courts can't allow social host lawsuits based on a claim that the host negligently served alcohol. The Court recognized that this interpretation of the statutes ensured a consistent and equitable approach to dram-shop liability, whether the case involved first or third person liability. Persen v. For. In November 2011, Defendant Robert McKenzie shot plaintiff Donovan James. Exclusion: This insurance does not apply to: c. By Hugh M. The legal issues in the forefront over the past year included breaking the legal causation chain, minor’s dram shop liability claims, social host liability, and mass audience venues. Businesses that sell or serve alcohol have specific responsibilities and liabilities under Texas dram shop laws. Based on the plain language of the Texas Dram Shop Act (the "Act") [ 2 ] and case law addressing the question, exemplary. In essence, dram shop laws force those who profit from the sale or service of alcohol to do so responsibly. Dram shop laws give plaintiffs an additional but not exclusive remedy. At Insurance Canopy, the price for dram shop insurance starts as low as $550 and includes the following coverages: General Liability: up to $2M total coverage & $1M in coverage per claim. The two standards overlap to such an extent that a serious danger exists that exemplary damages based upon a finding of gross negligence, in addition to compensatory damages for the statutory liability created by the Dram Shop Act, would appear to constitute a double recovery. have called for a strict construction of the dram shop laws. 1986), the Virginia Supreme Court refused to allow a. Dram shop liability claims generally stem from allegations of bars over-serving alcohol. The Connecticut legislature has by statute capped the exposure of a. Our initial consultations are always free, and we’ll never charge you unless we earn money back for you. b(1)(a) Coverage A specifically states that bodily injury or property damage must “occur on the premises shown in the Schedule or the grounds and structures appurtenant to. North Carolina is already a state with pretty strict laws regarding alcoholic beverages. Athens. Law Offices of Jan Meyer and Associates, P. In Warr, et al. 1995 - 2008 13 years. Assault and robberies in businesses, hotels, apartments, condos, bars, nightclubs and other such properties. The earliest dram shop laws date back to the mid-19th century temperance movement. If you were injured in the North Texas / Dallas area and need a Dallas premises liability lawyer call us (972) 599-4100 for a FREE consultation. At Bailey & Galyen, we offer a free initial consultation to anyone with a potential personal injury claim. May 1, 2009)(Willett). Our phones are answered 24/7. Liquor Liability: up to $300K total coverage & $100K in coverage per claim. The legal issues in the forefront over the past year included breaking the legal causation chain, minor’s dram shop liability claims, social host liability, and mass audience venues. ("JAI"), were preempted by Arizona's statutory scheme for determining dram shop liability. It could also constitute other crimes such as Endangering the Welfare of Children (sec. Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management. Beginning in 1999 the amount is to be adjusted for inflation. Under Texas’ Dram Shop Laws, establishments may be liable for any damages that result from their serving of alcohol to a patron who is obviously intoxicated. Purpose of the Dram. the man causes a drunk driving accident. 1 Question number two would then. Board of County Commissioners, 904 P. The laws establish potential liability. Demonstrating this requires substantive evidence. Under New York’s dram shop liability law, it is against the law to sell alcohol to individuals actually or apparently under the age of 21 and to individuals who are visibly intoxicated. Claims Against Dram Shops. In James v. For example, in Williamson v. , 350 S. C. Posted on 04/16/2023 Filing a Property Damage Claim After a Wichita Falls Car Wreck. New York's Dram Shop Act affords a person, who is injured as a result of another's intoxication, a cause of action against the party that unlawfully sold, provided or assisted in providing the alcohol to the intoxicated person. The decision in the Sutter vs. C. Dram shop laws hold businesses liable for selling or serving alcohol to intoxicated persons or minors who cause injury, death, or property damage. Liability for the “Poor Decisions” of Obviously Intoxicated Individuals. You may have a first-party claim if a bar knowingly overserves you and you get into a serious crash. If a business continued to serve alcohol to an intoxicated person, and then later their criminal acts or negligence caused your injuries, the business may be a liable party in a premises liability claim. 02, also known as the Texas Dram Shop Act, is a law that allows bars, restaurants, and other alcohol providers to be held liable when they sell or serve alcohol to customers who go on to cause injuries. Dram shop laws are designed to protect those who sustain injuries or property damage as the result of the drunken actions of another party. Suite 209. v. Table of Contents show. 2d 754 (1951) and Felder v. While South Carolina does not have a specific dram shop statute, the state does recognize dram shop liability claims. W. Proving Dram Shop Liability. 86. 1. However, this civil. 2. 2d 434 (Tex. The specific dram shop statute is Connecticut General Statute 30 - 102. Income loss now and in the future. #1 - TIPS Alcohol Training – T raining for I ntervention P rocedure S. Dram shop laws originated during the Temperance Movement in the United States. According to the supreme court's holding, Bennigan's is entitled to a new trial because of the defective jury question concerning causation. R. 1 MILLION | PREMISES LIABILITY (OAKLAND COUNTY, MI) $2 MILLION | TRUCK ACCIDENT (OAKLAND COUNTY, MI) $1. New York Dram Shop and Social Host Liability Law By: Noah Gradofsky, Esq. Understanding Dram shop laws in Illinois can be a bit tricky. Some attorneys tell clients what they want to hear. Dram shop liability or laws refer to laws governing commercial establishments that sell and serve alcoholic beverages to people who are visibly intoxicated, or to minors, who go on to cause injury or death to others (third parties). Despite the anachronistic name, more states enact dram shop laws every decade. ”14 6 Alabama C. 2007), the Texas Supreme Court determined that Texas law on proportionate responsibility applied to claims under the Dram Shop Act, and that the establishment which provided alcohol does not shoulder any liability for that portion of the blame placed upon the drunk driver. BEV. Zueger and Kudrna settled their dram shop claim with Boomers for $10,000, paid from the dram shop liability policy. (813) 223-5505. However,. 3d 680, 683 (Tex. Premises Liability; Staff; Results; Reviews; Blog; Contact; Texas Dram Shop Claims Explained. The elements you must prove increase, as do the potential defenses. DENNEY, PC 8350 N. If you've been injured by a drunk driver in Pasadena, TX, our dram shop lawyers are ready to fight for the compensation you deserve. Given the complexities of these cases and the burden of proof required, it’s best to discuss your situation with a skilled Dallas dram shop lawyer at Crowe Arnold & Majors, LLP. At any time, a business or property owner may experience a premises liability claim. The NJ liquor law liability attorneys at Blume Forte Fried Zerres & Molinari represent clients injured in dram shop liability cases in New Jersey. The course is shorter than a defensive driving class. In any Dram Shop case in Louisiana, evidence serves as the cornerstone for proving liability. Along with the settlement, the parties signed a release that specifically provided that Zueger and Kudrna were releasing only their dram shop claims, and leaving open claims under Boomers' premises liability policy. S. 20-4B Claim for Compensation to the Division—Question—When Carrier Appeals 20-5 Good Cause for Delay in Filing Claim—Question 20-5A Good Cause for Delay in Filing Claim—Question—When Claimant Appeals 20-5B Good Cause for Delay in Filing Claim—Question—When Carrier Appeals Chapter 21 Workers’ Compensation—Extent. we do not believe the recovery of exemplary damages in cases of dram shop liability is consistent with the purposes of the statute. Beard,where the Texas SupremeA premises liability lawyer can help you fight for justice for your injury. Illinois. 270, which prohibits licensed alcohol vendors from selling alcohol to minors under age 21. The damage caps in these cases are $50,000 per person or $100,000 per accident for bodily injuries, and $20,000 per. 1. 58 TEXAS LIQUOR LIABILITY PRACTICE MANUAL 2016 Chapter 9 evaluating the Potential dram shop Case From the Plaintiff’s Perspective Question number one: Did the negligence, if any, of those named below proximately cause the occurrence in question? a. Victoria Ins. The Supreme Court reversed the order of the district court granting Defendant summary judgment on Plaintiff's asserted negligence (liquor liability) and negligence (premises liability) claims, holding that the district court erred in concluding that Plaintiff's co-pled negligence (premises liability) claim was subject to the two-year Montana Dram Shop Act statute of limitations. Alcohol-related accidents may also include claims for –. Namely, the plaintiff must prove that the establishment (a) served alcohol to a patron who was obviously intoxicated or (b) knowingly served alcohol to a minor, and. Claims for premises liability are generally brought against an owner of a premises, but can also be brought against anyone who controlled the premises at the time of the injury. 3d 78, 84 (concluding Arizona state courts lacked jurisdiction to adjudicate a private dram-shop action against the Tohono. 01. Green, P. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid. On Sundays, alcohol can only be sold, served, and consumed after 10:00 am. She has a wide range of civil litigation experience including claims involving medical malpractice, premises liability, commercial litigation, construction defects, professional negligence, personal injury, wrongful death, property damage, fire losses, and other general liability. Of all the dram shop claims in Texas City, the most common violations are. The Dram Shop Act calls for the state comptroller to set the liability limits for claims arising due to dram shop liability each year. Ty has successfully mediated, arbitrated, and tried numerous cases, including D&O liability claims. The term dram shop is still used by lawmakers. , our Houston injury attorneys have handled hundreds of premises liability cases. C. In Texas, dram shop liability is imposed when the evidence shows that negligence on the part of a server and/or the establishment itself contributed to the patron’s intoxication. Lost wages, medical expenses and property damage costs can all contribute to the overall value of a dram shop claim. According to Ohio’s dram shop law, people who have been injured by an intoxicated person may have a cause of action against the business establishment that sold the alcoholic beverage to the person whose negligence was the direct cause of their injury. 02(b)) to name a few. The article discusses the five elements that link violation of the statute to the actual harm suffered by the third party. 1995) No caps on economic damages for premises liability suits. Whether the claim is for damage or injury, the business can be legally liable for providing alcohol to the intoxicated customer. If we cannot reach a favorable. Police Assault and Battery 11. Townsend, 279 Ga. JD SupraAdditionally, Ty leads McCathern’s Restaurant & Hospitality Section and is the Managing Partner of our law firm’s office in Frisco, Texas. In passing the Dram Shop Act, the Legislature provided the exclusive remedy for liability resulting from injuries caused by a provider's negligence in serving persons who are "obviously intoxicated" to the point that they are a clear danger to themselves and others. In 2014, a Florida jury awarded a plaintiff $11 million in damages under the restrictive dram shop law. 2d 754. 3. Texas dram shop attorney Michael Grossman explains how the litigation process for dram shop cases work under Texas law. Addison, Texas 75001. — Also spelled dram-shop; dramshop. 01‑08‑09)(appeal. Res Ipsa Loquitor Rule of evidence by which negligence may be inferred due Thus, appellant concludes, a claim under the Dram Shop Act and a premises liability claim are not mutually exclusive. Contrary to Mulligan's argument, the Georgia Dram Shop Act was never intended to and does not pertain to premises liability claims like the one before this Court. Negligence Plaintiffs allege Defendant is negligent because Defendant “allowed alcoholic beverages In some cases, the liable driver for the accident may have a claim against the establishment that overserved them for damages that stemmed from the accident. of alcohol, representing 1/8th of a liquid ounce. Call For A Free Case Review (972) 599-4100. To make matters more complicated, the Texas Dram Shop Act has been modified by the Texas Supreme Court in the case of FFP Operating Partners v. 15851 Dallas Pkwy #605. DECISIONS FROM THE TEXAS SUPREME COURT IN PREMISES LIABILITY CASES Denton County v. A dram shop law, or a dram shop act, holds the dram shop liable for harm caused by intoxicated customers. Please also visit our Guide to Recovery of. Meteor Monument, LLC, 2012-NMSC-004, 268 P. 005(a) in the dram shop context to hold exemplary damages are not permitted in dram shop cases. Premises Security 1. When dram shop. 1 Vermont Dram Shop and Social Host Liability Laws Statutes 7 V. What Happened in this Texas Dram Shop Case? In November of 2017, Joshua Delbosque was drinking at Beer Belly’s Sports Bar in Corpus Christi, Texas. Code Ann. ”. Schedule Your Free Consultation. III. Liability of Alcohol Service EstablishmentsTexas law places significant responsibility on alcohol service. Dram shop laws in Texas are in place to hold bars, restaurants, and other establishments accountable for over-serving patrons who then cause harm or injury to others. 2d 547, 553 (Mo. Any business that sells or serves alcohol has a special liability under the Texas dram shop law. 187, 908 P. , v. July 10, 2022. Illinois is a state that has taken a broad-coverage stance to third-party liability in DUI subrogation cases. Estate of Gutierrez v. W. Ostensibly, the new legislation makes it harder to sue restaurants and bars for dram shop claims, thereby lowering the risk of exposure, and in turn, lower dram shop insurance premiums. 2d 300, 306 (Ill. Individuals who suffer harm at the hands of a drunk driver should know that they have a right to pursue compensation. Stat. Co. Joint and Several Liability (R. South Carolina has no official dram shop law or social host liability statute. Thus, Plaintiffs’ common law negligence and dram shop liability claim against JAI is preempted, and §§ 4-311 and 4-312 define the scope of liability for ordinary commercial sales of alcohol by licensees. states have a statutory scheme that addresses dram shop liability; however, most state statutes attempt to limit the alcohol beverage retailer’s liability. Georgia’s Dram Shop Act was enacted by the Georgia General Assembly in 1988 to codify the holding of the 1985 Sutter v. liability imposed by the state. Attorney Brian White Personal Injury Lawyers – East Fwy. Ct. § 4-311(B) expressly preempts claims of common law negligence and dram shop liability. Liability in a state can be established by case law or statute. In this installment of our continuing Dram Shop series, we address the recovery of exemplary/punitive damages[1] in Texas dram shop cases. Florida dram shop case. Lost wages. 3 Even liquor stores and bars are required to keep their premises safe, 4 and OCGA § 51-3-1 5 irrefutably governs this matter and serves as the basis to support the jury's verdict. TODAY S TEXAS DRAM SHOP ACT The Texas Dram Shop Act can be found in Section 2. Products Liability and Toxic Tort Cases 9. Tex. A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Pain and suffering. Regardless of the type of case brought, litigation is expensive. The state’s dram shop law defines a “provider” as someone authorized by a license or permit to sell or serve alcoholic drinks, or who otherwise sells such. ” On the premises liability claim, as to whether the. 2 (2002). In this post, we address liability for providing or selling alcohol to a minor. com. If the intoxicated driver was killed, however, their immediate family would be eligible to bring forth a wrongful death dram shop claim. If you're working through a TX dram shop case, you should know some common defenses. Bev. Many states hold establishments. For more info call now 973-845-4421. Sanford, 555 F. The state’s dram shop law and social host liability law can pass some liability onto the people who gave that driver the alcohol that made them drunk. 15 For example, in In re Islamorada Fish Co. Oct. Social host liability claims are civil lawsuits meant to compensate the injured party for their losses. To schedule an appointment, call 844-402-2992 or contact us online. See 37 Okla. The term “dram shop” traces its roots back several centuries to when small stores sold liquor and spirits—often homemade—in small measures known as “drams. Along with the settlement, the parties signed a release that specifically provided that Zueger and Kudrna were releasing only their dram. Negligence Plaintiffs allege Defendant is negligent because Defendant “allowed alcoholic beveragesThe Drunk Driver. Most states have dram shop laws, including New Mexico. If we don’t recover damages for you, you don’t owe us a dime. Alco. In our continuing series of articles addressing Dram Shop Liability in Texas, this article addresses "to go" alcohol sales. It also doesn’t stop extreme DUI Arizona charges. or fill out the Contact Form. State laws vary, but generally, Dram shop laws impose liability when: the establishment sold or provided alcohol to a visibly intoxicated patron, and; the patron’s intoxication was a cause of the victim’s (plaintiff) injuries or property damage. PARTIES, JURISDICTION AND VENUE 2. We will take your case on a contingency-fee basis, charging attorney fees only if we recover benefits for you. Ohio’s Dram Shop Act was found not to be the exclusive remedy for a third party to hold liquor permit holders liable for the actions of an intoxicated patron in a recent ruling in Sharon Snyder, et al. GEICO. 1st-Party Dram Shop Cases: Litigation. The court specifically noted that the dram shop is responsible for the acts of its employees, but not responsible for the acts of the driver and thus did not have an indemnity claim against the driver. 237 Kan. 2. Nevada. B. The Court concludes that it is improper to analogize dram shop claims to other vicarious liability situations, because those situations typically rely on a right of control *700 or an employer/employee relationship, which may be absent in a dram shop situation. states have a statutory scheme that addresses dram shop liability; however, most state statutes attempt to limit the alcohol beverage retailer’s liability. Some states do not have these provisions at all, and you should always have an attorney in your state evaluate all. 30, 2018), the court held that the lower court should have granted defendant’s motion for summary judgment as to plaintiff’s claim under New York’s Dram Shop Act, but that it should have denied it as to plaintiff’s common law negligence claim. §16-126-104), or “apparent to the provider” (Texas; see Tex. and Parkway Co. Dram Shop Laws: Holding Establishments Accountable. 86. Div. This means that if an individual becomes visibly intoxicated while at a commercial. Contact Briggle & Polan at (512) 400-3278 for a no-fee, no-obligation consultation. Prosecuting premises liability claims in Oklahoma can be difficult and, given the state of the case law in this area, can be tricky to evaluate. Dram Shop/Liquor Liability 13. Dram shop claims are not limited to car accidents caused by drunk drivers. 01. C. Several Texas courts of appeals and federal courts applying Texas law have applied Section 41. The Fee Is Free™. Alco. Damages for mental anguish may generally only be awarded in the case of negligence where it accompanies some other physical injury to the person. the 1985 amendment to the Dram Shop Act to $30,000 for personal injury and property damage and $40,000 for loss of support. On Oct. The Virginia Supreme Court won't allow liquor liability lawsuits against bars, restaurants, and other alcohol sellers for negligently furnishing alcohol to customers. What Are Dram Shop Laws? A “dram shop” is basically any drinking establishment where alcoholic beverages are sold and consumed, such as a bar or a tavern. However, bar and liquor store owners may attempt to assert a Safe Harbor defense, making it challenging for anyone injured in such an accident to seek compensation. Premises Liability claims arise when a person is injured due to a defect on another’s property. For example, a courier delivering a package may sue you. In Michigan, a person injured by an intoxicated person can hold an alcohol vendor liable if the provided alcohol to either a minor under age 21, or a person who was already visibly intoxicated. The team at Kherkher Garcia will stand beside you and ensure that you have every option for recovery. S. In Ricaurte v. To establish liability under Connecticut's dram shop laws, your dram shop claim must prove the following elements: The sale of alcohol to an intoxicated personGeorgia is one of 30 states that follow a Dram Shop Liability Law. 2 Although the liability imposed varies among the different jurisdictions, there are common steps an establishment can take in order to defend against a dram shop claim before suit is even filed. Negligence claims have a two year statute of limitations. • Caps or non-economic losses (pain and suffering) are higher than Dram Shop Act = $468,010. We’re paid based on a percentage of the damages we recover from the responsible party. Without these types of evidence in the absence of witness testimony, you would have insufficient evidence to establish liability and hold the liquor licensee responsible for its actions or lack of action. Texas’ dram shop law affords individuals who sustained injuries as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided or assisted in providing, the alcohol to the drunk driver. Image by Freepik. A provider s liability under the Dram Shop Act is direct because it is based on the provider s own wrongful conduct in serving an obviously intoxicated person. Houston, TX 77029. Section 2. ) If. Inwood Beer Garden & Bistro Inc. Intermediate court erred in reinstating an injured party's Georgia Dram Shop Act, O. In. We further conclude that, contrary to this court's opinion in Young v. § 4-312(B) expressly preempts Plaintiffs’ claims. Pubs, taverns, and places that sold liquor to the public were called dram shops. Dram shop law mainly deals with bodily or property injuries caused by intoxication and exposes alcohol suppliers to civil liability on top of criminal charges imposed by existing liquor licensing law. Texas, L. 2d 1228, 1230 (Fla. Forbes, 126 Tex. states have enacted a dram shop law of one kind or another and the Lonestar State is no exception. In Texas, Dram Shop laws and social host liability regulations play a significant role in addressing these concerns. See A. 739. A dram shop law holds a business or, in some circumstances, a social host liable for serving or selling alcohol to intoxicated persons or minors who cause death, injury, or property damage to another. In four states, dram shop laws cover the illegal serving of minors but do not cover the serving of “visibly intoxicated” adults: Nebraska. However, the Act was also amended to provide for annual adjustments of those amounts based on inflation. The Ling court reviewed dram shop liability's history in this state. Learn more about NY's Dram Shop laws here. 3d 515. 00$2. The main dram shop law imposes liability for car accidents caused by selling alcohol to an underage person, but courts have imposed liability more broadly. Texas’ dram shop law affords individuals who sustained injuries as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided or assisted in providing, the alcohol to the drunk driver. (2) "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage. CAUSES OF. JAI Dining. Dram shop liability or laws refer to laws governing commercial establishments that sell and serve alcoholic beverages to people who are visibly intoxicated, or to minors, who go on to cause injury or death to others (third parties). Current dram shop regulations apply to all businesses that sell or serve alcohol to the public. Premises Liability 8. W. App. § 247 (1996. Understanding Texas Dram Shop Laws & Liability for Alcohol-Related Incidents.