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, others in addition to the drunk driver are at fault. Texas establishments granted a liquor license must act in a responsible manner. In Texas, "dram shop" claims can be filed against sellers and servers of alcohol, including taverns and restaurants, that provide alcoholic beverages to individuals already intoxicated who pose a danger to themselves or others.Holding Bars and Providers Accountable for Fueling Fatal and Injuring Drunk Driving Accidents
Under the Texas Alcoholic Beverage Code, anyone who provides the alcohol and over-served the drunk driver can be held partly accountable for the accident:
- In providing, selling or serving alcoholic beverages to a person when it was apparent 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 or other workers to over-serve
A dram shop claim may arise when a bar, liquor store or restaurant sells alcoholic beverages to an intoxicated person. If the intoxicated person then injures someone due to intoxication, the courts may hold the servers or sellers of the alcohol liable for injuries. The "dram shop" claim may provide lawful compensation to the victim, especially when the intoxicated driver is uninsured or underinsured.We Understand That You Want Answers and Accountability. We Deliver.
At Rush & Gransee, L.C., we have the experience to investigate and evaluate all of the possible causes of a serious car wreck involving an intoxicated driver. We have the resources to properly determine the level of intoxication of the driver, and hold the sellers/servers 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 it also has 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.