E. To find out if you have a case, book a free, no-obligation consultation by calling 855-LAW-NINJA, submitting a confidential contact form, or popping into one of our offices. But when the Legislature enacted comprehensive liquor regulation in 1949, it repealed the dram shop law. Code. at 640. The potential for the reestablishment of dram shop liability then came back into focus in 1987 when a pair ofIn our continuing series of articles addressing Dram Shop Liability in Texas, this article addresses "to go" alcohol sales. R. Georgia’s Dram Shop Act was enacted by the Georgia General Assembly in 1988 to codify the holding of the 1985 Sutter v. 15 For example, in In re Islamorada Fish Co. (See Fla. Michigan’s dram shop law applies only to alcohol vendors: bars, restaurants, liquor stores, etc. W. F. You may have a first-party claim if a bar knowingly overserves you and you get into a serious crash. Call us Today at (817) 503-9200 to Get Help With Your Personal Injury Claim!The good news is that you do not have to investigate, explore, or pursue justice on your own. Medical Malpractice 10. Remaining Points. HOW DRAM SHOP LAWS APPLY TO TEXAS. Franklin Street, 7th Floor. Brown’s mother then filed a civil suit against Brent, the bar, and the bar’s management company under the Texas Dram Shop Act. Premises Liability; Staff; Results; Reviews; Blog; Contact; Texas Dram Shop Claims Explained. 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. App. This two-year window is in line with the statute of limitations for most personal injury claims in the state. Again, this implies that Indiana’s dram shop law establishes civil liability for any means of providing alcohol to another person. A classic dram shop liability situation involves bar A which serves alcohol to. The Ling court reviewed dram shop liability's history in this state. Dram shop laws are laws that state the seller of alcohol to an intoxicated person holds responsibility if that person later drives drunk and harms someone else. In 1987, the Texas Court of Appeals ruled that a bar, lounge, tavern or similar business where alcohol is sold has a legal duty not to sell alcoholic beverages to a patron who is showing “… obvious signs of intoxication. The court refused to extend the dram shop doctrine, intended to create liability for consumption on a vendor’s premises, to include liability for vendors who sell solely for off-premises consumption. Call our Washington office today at (360) 244-4444 for a. S. This law names the business responsible for injuries that visibly intoxicated people cause after leaving their establishments. In fact, some state's dram shop laws (which apply to businesses that provide alcohol) also cover social hosts. The clock starts ticking on the date the injury occurs, not when you discover you might have a legal claim. 1. 2d 1228, 1230 (Fla. --Amarillo 1988, writ denied) (citing Stone Fort Nat'l Bank v. In. At Bailey & Galyen, we offer a free initial consultation to anyone with a potential personal injury claim. This is known as a first-party dram shop case. 1994). An experienced trial lawyer, David has represented clients in several hundred death and injury claims, which has created a. A. 511, 513 (2005), infra, under "Primary Sources"7. , our Houston injury attorneys have handled hundreds of premises liability cases. Background Dram shop liability means liability that attaches to a bar, tavern, restaurant, or other seller of alcohol for the drunk driving of their patrons/customers. Liability may be imposed either under specific state laws (“dram shop acts”) or under the general law of negligence. v. Costs related to property damage. You may have a claim against a business or other third party that provided an intoxicated person with alcohol. Texas dram shop attorney Michael Grossman explains how the litigation process for dram shop cases work under Texas law. Inwood Beer Garden & Bistro Inc. Ct. Scarring, disfigurement, or disability. To schedule an appointment, call 844-402-2992 or contact us online. Zueger and Kudrna settled their dram shop claim with Boomers for $10,000, paid from the dram shop liability policy. 214-871-8292. If you have any questions regarding Dram Shop Laws, please contact The Law Offices of Tom Hall for a free consultation 817-831-6100. In Texas, the law regarding dram shop liability is outlined in the Texas Alcoholic Beverage Code. Establishing liability in a Texas dram shop claim can be challenging, but Dr. 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. In Texas, Dram Shop laws and social host liability regulations play a significant role in addressing these concerns. The Texas Alcoholic Beverage Code. Our initial consultations are always free, and we’ll never charge you unless we earn money back for you. Exclusion: This insurance does not apply to: c. If the intoxicated driver was killed, however, their immediate family would be eligible to bring forth a wrongful death dram shop claim. The Dram Shop bill that eventually became law does not include any provi-sions for social host liability. While dram shop liability is a serious concern for alcohol-serving establishments, Texas law provides several defenses that can be used to counter these. United States. dram shop such as after-hour sales, absence of ID-check are governed by general liquor licensing law. This liability is imposed where (a) at the time of the provision, it was apparent to the provider that the customer was "obviously intoxicated" to the extent that he presented a clear danger to himself and others, and (b) the. July 10, 2022. Some attorneys tell clients what they want to hear. DRAM SHOP LEGISLATION’S ROLE IN LIMITING LIABILITY FOR COMMERCIAL SELLERS OF ALCOHOL Most dram shop laws are written to reinforce the notion that the consumption of alcohol is the proximate cause of alcohol-related injuries, not the sale or furnishing of alcohol. 2d at 550. The specific dram shop statute is Connecticut General Statute 30 - 102. §2. S. 11(4)(a) (2023). The court first held that Plaintiff’s expert was qualified under Rule 702 to testify on both the premises and dram shop theories of liability. 1995 - 2008 13 years. Div. 1. The Ohio Revised Code states that the general rule is that those serving or selling alcohol hold no liability if the buyer later causes injury, damage or death due to drunk driving. § 2. There are two key elements you need to prove in a dram shop liability claim: The staff at the establishment, a licensed provider of alcohol, either knew or reasonably should have known that the patron was intoxicated to the. Owens-Illinois Glass Co. Texas appellate courts have defined a cause of action as a plaintiff's primary right to relief and the defendant's act or omission that violates that right. As the name implies, a “Dram Shop” refers to a drinking establishment. Initial Client Contact §100 In General §110 Initial Client Interview §110. Athens. 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. Products Liability and Toxic Tort Cases 9. You might already know that if you experience injuries and. Addison, Texas 75001. 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. Proving a successful premises liability case can be tricky and requires solid evidence to maintain the existence of an unsafe condition on a property that was the cause of your injury. com. DIRECTIONS TO OUR OFFICE. Deedee Gasch is a partner in the Wilmington office of Cranfill Sumner. ) Dram shop liability is closely related to the policy on furnishing alcohol to minors, but the two topics are distinct. Dram Shop Act – Guide to Texas Dram Shop Law | Grossman Law. 2d 593, 594 (Tex. (956) 533-1426. 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. 00Landlords and Tenants. In Ricaurte v. Minnesota’s Civil Damages Act, known colloquially as the Dram Shop Act, is a creature of statute and has no common law. 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. 9 The Texas Supreme Court has used this legislative history to significantly shape its inter-pretation of social host liability in Texas. C. Make your decision only when you feel 100% ready. minimum jurisdictional amount of the District Courts of Jefferson County, Texas. McAdams v. In order to succeed, a plaintiff must prove the alcohol was served to an “obviously intoxicated” or underage person. North Carolina. Schedule Your Free Consultation. This covers anything from dangerous objects that could cause injury to unseen things that make one slip and. Call us today at 800-973-3106 or fill out our online form to schedule a free consultation with our skilled attorney and to learn more about how we can help. To find out if you may be entitled to financial compensation for your injuries, contact Grossman Law Offices at (855) 326-0000. A Houston premise liability attorney from Fahl & Donaldson are dedicated professionals ready to help. In our continuing series of articles addressing Dram Shop Liability in Texas, this article addresses "to go" alcohol sales. The Indiana Supreme Court has ruled that a liquor liability exclusion unambiguously precluded any duty to defend a suit in which an injured motorist. Dram shop laws are named after establishments in 18th century Britain that sold gin by the spoonful (a "dram"). 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. That is due to the recent decision in Torres, et. For example, ABC stores in the state are government-owned, and alcohol can only be served Monday through Saturday from 7:00 am to 2:00 am. A Guide to Texas Dram Shop Laws. P. Beard,where the Texas SupremeA premises liability lawyer can help you fight for justice for your injury. Law Offices of Jan Meyer and Associates, P. A common example is when the establishment. W. the man causes a drunk driving accident. 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 example, claims involving injured or killed people, or property damage on or after January 20, 2019, damages are capped at $70,091. Damages and Time Limits in Texas Social Host Liability Claims. 02(b), a person providing, selling, or serving an alcoholic beverage can be held liable for damages caused by the intoxicated. (2) "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage. §2. The supreme court remanded the case to us for consideration of points not addressed in our prior opinion. August 9, 2022 Personal injury. Board of County Commissioners, 904 P. You can find the first post here, and the second post here. The term “dram shop law” comes from the British way of measuring alcohol, which was called “dram” and measured out to 3/4 of a teaspoon. ”. On Oct. This may include restaurants, bars, liquor stores, taverns, and stadium vendors. . These laws are at the state level, and the specifics vary. Contact our premises liability lawyers, who have expertise in premises liability claims involving negligent security , slips and falls , third party claims , dram shops, pool drowning , attractive nuisance , bar negligence , and failure to warn. Also, the dram shop chapter of the Texas Alcohol and Beverage Code does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in personal injury or property damage to the person bringing suit. Sufficient evidence of "reasonably apparent" intoxication. App. In 1998, the Dram Shop Act was amended to limit damages in cases brought under the Act to $45,000 for personal injury or property damage and $55,000 for loss of society or loss of support. Social host liability. Recently, courts in New York have been limiting the extent of personal liability for such injuries, but upholding. Alcohol-related accidents may also include claims for –. Based on the plain language of the Texas Dram Shop Act (the "Act") [ 2 ] and case law addressing the question, exemplary. 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. Assault and robberies in businesses, hotels, apartments, condos, bars, nightclubs and other such properties. Monier Lifetile, LLC. Dram shop lawsuit attorneys with Ybarra Maldonado Law Group are here to get the compensation you deserve for someone else’s carelessness. A dram shop or social host liability claim in Texas is a civil lawsuit, which means that liability is expressed solely in terms of money damages. New York Dram Shop and Social Host Liability Law By: Noah Gradofsky, Esq. AND OTHER TORT-BASED CLAIMS "Dram Shop Liability" refers to causes of action brought against sellers and other providers of alcohol. Our initial consultations are always free, and we’ll never charge you unless we earn money back for you. At Simmons and Fletcher, P. A. The team at Kherkher Garcia will stand beside you and ensure that you have every option for recovery. JD SupraAdditionally, Ty leads McCathern’s Restaurant & Hospitality Section and is the Managing Partner of our law firm’s office in Frisco, Texas. Allstate. Stat. In other words, if you sustained injuries through the wrongful behavior of another person, you may have the. 02(a). 3. The Act provides that an. 02 of the Texas Alcoholic Beverage Code and took effect on June 11, 1987. Dram shop laws sometimes hold third parties responsible for over-serving those involved in a personal injury case. 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. 1994). Businesses that sell or serve alcohol have specific responsibilities and liabilities under Texas dram shop laws. S. Alexander & Alexander of Texas eat 180. When you need to hold a social host liable for your injury in a drunk driving accident, contact our New Mexico dram shop law attorney for a free consultation of your case or by calling (361) 826-0100. JAI Dining Arizona Court of Appeals March 29, 2022 JSH attorneys: Eileen GilBride The Arizona Court of Appeals held that Arizona’s statutory framework for determining dram shop liability preempts plaintiffs’ common law claims against a liquor licensee and that the dram shop statute is constitutional. R. S. The customer’s intoxicated state was the cause of the injuries you suffered. The actual amount of liability in a particular case is. 3d 411, 413 (Tex. Under Texas law, a dram shop claim can be filed against a business establishment, such as a bar, club, restaurant, or even a social host, if they served alcohol to a visibly intoxicated person or a minor under the age of 18. The laws establish potential liability. Is the case more of a “premises liability” case rather than a liquor. In a dram shop lawsuit, a victim or their family may be entitled to compensation for the following damages: Medical care now and in the future. The Dram Shop Rule is a civil liability law that primarily applies to businesses that sell alcohol. Damages are statutorily capped under the Dram Shop Act and are regulated each year by the Illinois Comptroller due to inflation. 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. Car accidents, let alone drunk driving accidents, are very complicated. Before planning a party in your home, speak to your insurance professional to review your homeowners coverage for any. affect Maryland common law with regard to dram shop liability. 2. Demonstrating this requires substantive evidence. Nevada. At the Villarreal & Begum, LAW. (201) 862-9500 (201) 862-9400 (Fax) [email protected]. Gary G. For example, in Texas and New Jersey, minors have the right to sue bars and hold them liable for the damages caused by them when intoxicated. One study by the Small Business Administration (SBA) found that an average civil case can cost $50,000 to $100,000 to get through. 24, 2017, the Oklahoma Supreme Court decided Boyle v. ALCO. Id. New York Dram Shop and Social Host Liability Law By: Noah Gradofsky, Esq. The earliest dram shop laws date back to the mid-19th century temperance movement. Section 2. Addison, Texas 75001. CAUSES OF. For example, if a drunk driver is found to be more than 51% responsible for an. Dram Shop . II. The program is designed to prevent intoxication, underage drinking, and drunk driving by enhancing the fundamental “people. Dram shop liability is still subject to the limitations of comparative responsibility in Texas. In four states, dram shop laws cover the illegal serving of minors but do not cover the serving of “visibly intoxicated” adults: Nebraska. 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. Injuries can occur in many different accidents in Texas, including due to a dangerous premises. South Carolina has no official dram shop law or social host liability statute. A dram shop lawyer is a personal injury attorney who handles claims against bars that overserves their patrons after they are obviously intoxicated. See A. Statute of Limitations. Both of the Bombshells lawsuits seek damages under the Texas Dram Shop law, a statute that creates civil liability for licensed providers of alcoholic beverages if: • The bar or restaurant continues to serve alcohol to a patron who is obviously intoxicated or serves alcohol to a minor, and. 1801 (4), injury victims or personal representatives of deceased victims must file their dram shop claims within two. 201 N. 2d 902. In Texas, as in all states, the owner and/or occupying party in control of commercial or residential property has a duty to anyone legally visiting the property to take reasonable steps to minimize the risk or likelihood of injury. 15851 Dallas Pkwy #605. Dram Shop Cases We Handle. & A. Drunk driving is a crime, as is serving alcohol to those under 21 or already visibly intoxicated. A dram shop could also be vicariously liable for alcohol-related assaults, sex crimes, acts of violence, property damage, vandalism and other crimes or acts of negligence an intoxicated person commits if the dram shop furnished the alcohol to the individual. 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. § 247 (1996. For public policy reasons, those states have declared only minors can pursue first party dram shop claims. A dram shop law holds a drinking establish. The law defines an alcohol provider—or “Dram Shop”—as any premises that sells alcohol under the authority of a license or permit, such as a restaurant, liquor store. Prev Post Next Post. Consult with our skilled lawyers at the Dan Doyle Law Group and receive a free evaluation of your case. 6 1. 4227. policies, a dram shop liability policy and a comprehensive premises liability policy. Tex. The Dram Shop bill that eventually became law does not include any provi-sions for social host liability. Dram Shop Laws in South Carolina. 01, alcohol-serving establishments, such as bars, restaurants, or liquor stores, are liable if they sold, provided, or served. — Also termed grog-shop; drinking shop) At common law, dram shops or other providers of alcohol were not liable for selling or serving alcohol to individuals who later injured themselves or third parties. Brown’s mother then filed a civil suit against Brent, the bar, and the bar’s management company under the Texas Dram Shop Act. When dram shop. However, the difference between negligence and liability lies in the element of control. R. In James v. 1987). Get a FREE case consultation with an experienced South Texas injury lawyer. There are two forms of dram shop liability for drunk driving accidents in Texas: first-party and third-party. 02 of the Texas Dram Shop Act imposes liability on alcohol providers for actions of intoxicated customers. It can pose a serious stumbling block to a Dram Shop defense team. The Tennessee Code holds any seller of alcohol liable for damages to a personal injury survivor or the family of a loved one who died if one or more of the following conditions apply: The person or business that sold the alcoholic beverage knew that the drinker (who later drove) was under 21 years. Posted on 04/16/2023 Filing a Property Damage Claim After a Wichita Falls Car Wreck. 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. 02 of the Texas Alcohol and Beverage Code, states that an alcohol provider can be liable for the damages caused by an intoxicated person served by the provider. While establishments may face liability for injuries associated with over-serving, compensation is not a given. The NJ liquor law liability attorneys at Blume Forte Fried Zerres & Molinari represent clients injured in dram shop liability cases in New Jersey. Premises Liability (Cont. ( Poole v. When an individual is injured on your property due to lack of maintenance, poor conditions or another fault on the premises, you may be liable to cover the full scope of their damages. United States. For more info call now 973-845-4421. CV-15-839575 in the Court of Common Pleas, Cuyahoga. Athens, GA, 30601. This is known as a first-party dram shop case. 2007). However, under the Michigan dram shop laws, the pedestrian can file a dram shop claim against the local bar for serving alcoholic beverages to Lucy. PRACTICAL STRATEGIES FOR HANDLING A DRAM SHOP CASE. the 1985 amendment to the Dram Shop Act to $30,000 for personal injury and property damage and $40,000 for loss of support. Some common types of. Stat. In 2014, a Florida jury awarded a plaintiff $11 million in damages under the restrictive dram shop law. Southland Corp. 1964) (citing to the original purpose of. com. If you or your loved one has been injured at a grocery store or hardware store, call to speak with one of our attorneys about your claim. Meteor Monument, LLC, 2012-NMSC-004, 268 P. S history, dram shop laws were applicable to businesses like bars, pubs, taverns, and other shops that served drams of alcohol. Tex. If you have been injured and wish to speak to one of our attorneys in a no-cost consultation, please call us at (713) 222-7211. S. However, if the injured party is more than 50 percent at fault, they cannot pursue a claim. §2. We help victims of accidents caused by drunk drivers across the United States. Typically, when a plaintiff wins a lawsuit against both an. • The over-serving or serving of the minor. C. 1993). By Hugh M. The Dram Shop Act imposes liability on alcoholic beverage providers (providers) for damages proximately caused by the intoxication of individuals who were served despite being obviously drunk. Thus, the server of alcoholic beverages is held to an objective standard of what a reasonably prudent person would have observed as “obviously intoxicated,” whether or not there. Our phones are answered 24/7. Torres, shortly after he suffered an injury that eventually required surgery. Board of County Commissioners, 904 P. There is a collection of different statutes that cover the improper service of alcohol, and all of them are detailed in The Texas Alcoholic Beverage Code, which provides details of the social host and dram shop liability laws that govern Texas. 2007). Our mission is to equip you with a clear understanding of these laws, enabling you to navigate this legal. Elements of a Dram Shop Claim. 1. Why Do We Need Liquor Liability Coverage? Commercial General Liability form – CG 00 01. HOW DRAM SHOP LAWS APPLY TO TEXAS. W. Did you know that Texas doesn't require bars to carry liquor liability insurance? Learn more from Texas dram shop attorney Michael Grossman. Statutory violations that may give rise to a liquor liability claim include: (1) sales to obviously intoxicated persons,8 (2) sales to minors,9 and (3) miscellaneous others including (a) sales after hours,10 (b) sales on 4. Gary G. DUI Attorney in Tampa. It is important for Arizona bar and restaurant owners, as well as those who insure them, to understand the risks associated with intoxicated patrons and what is known as “dram shop liability. Effective July 1, 1998, the limits were raised to $45,000 for personal injury or property damage and $55,000 for either loss of means of support or loss of society. This law states that if an intoxicated person causes injury or death to another person, the establishment that provided the intoxicated person alcohol may be liable for damages. C. Under these laws, if someone leaves the bar or restaurant or catered reception or graduation party and drives while intoxicated, causing an accident, these statutes allow. Duenez, 237 S. With the absence of traditional Dram Shop laws, liability falls on establishments only when they knowingly serve underage individuals. 2d 754 (1951) and Felder v. Ct. Time Limits for Filing Claims Against a Bar. Table of Contents show. , legally responsible for the harm caused by serving alcohol to an already intoxicated patron or a minor. First, the court said the Supreme Court issued a decision holding that Congress abrogated immunity “in the area of alcoholic beverage laws. Family 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. 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. 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. 69 S. Steak & Ale, 22 S. For example, a courier delivering a package may sue you. Damage to Premises Rented: up to $300K total coverage. In. Texas dram shop laws state that a business where alcohol is provided, sold, or served can be held liable for injuries caused by an intoxicated customer if the following conditions are met: The customer was visibly intoxicated and a potential hazard to themself or others. Learn more about NY's Dram Shop laws here. 2d at 919 ("In El Chico this court created a common-law duty to injured third parties on the part of commercial providers, but that duty was almost simultaneously. In order for a cause of action under the Texas Dram Shop Act to be successful, the following two elements must be present:The Texas Dram Shop Act, codified at § 2. Insurance Bad Faith 14. When a bar or eating establishment over-serves alcohol to an obviously intoxicated. 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. com. 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. Third, dram shop liability only applies if two conditions are met: (1) the person who receives the drink is “visibly intoxicated,” and (2) that person’s intoxication is the “proximate cause” of the death. The customer’s intoxicated state was the cause of the injuries you suffered. Id. Homeowners insurance usually provides some liquor liability coverage, but limits are typically $100,000 to $300,000, which, depending on your assets, might not be enough. A “dram” is three-fourths of a teaspoon of alcohol. Who is subject to dram shop laws in Texas? In addition to dram shop claims, Texas allows for social host liability claims. Image by Freepik. 568, 91 S. , 16 the Dallas Court of Appeals granted a writ of mandamus after a trial court improperly. Key Provisions of Texas Dram Shop Laws. The term "Dram Shop" dates back to the 18th century when alcohol was sold by the dram, a small unit of measurement. We defend businesses against premises liability claims arising from accidents and injuries sustained on their property, including slip and fall. Tampa, FL 33602. 1 Client Screening: Initial Telephone Interview Most U. Several Texas courts of appeals and federal courts applying Texas law have applied Section 41. The Dram Shop Act . Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. Dram Shop Laws: Holding Establishments Accountable. Cesar Aguilera. Dram shop laws originated during the Temperance Movement in the United States. Venue is proper in Jefferson County, Texas as one or more of the Defendants has its principal office located in Jefferson County, Texas. Alco.