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Dram Shop Liability In Texas And New Mexico

Dram shop liability addresses the responsibility of establishments serving alcohol to people who cause accidents, injuries or damages. A knowledgeable attorney can hold the establishments involved responsible.

Flores Mendez Law is a female-owned law firm with offices in El Paso and Las Cruces, serving personal injury clients in Texas, New Mexico and Arizona. We are unafraid to go to court if necessary as we strive to ensure you get the compensation and justice you deserve.

What Is A Dram Shop?

A dram shop is a retail or commercial establishment selling alcoholic beverages. They can be:

  • Bars
  • Taverns
  • Liquor stores

The term “dram” historically referred to a small unit of measurement for alcohol served in bars and taverns. This practice provided a legal framework for holding these establishments accountable for serving alcohol to intoxicated patrons, especially if they caused damage or injury.

What Are Dram Shop Laws In Texas And New Mexico?

In Texas, dram shop laws are in the Texas Alcoholic Beverage Code, Section 2.02. This law holds businesses that sell or serve alcohol liable for injuries or damages caused by an already intoxicated person who presented a clear danger to themselves and others.

In New Mexico, dram shop laws are covered in the New Mexico Statutes Annotated, Section 41-11-1. This law imposes liability on businesses that sell or serve alcohol for injuries or damages caused by an already intoxicated person or minor.

In both states, injured parties may seek compensation from the establishment serving the alcohol.

Who Can Be Sued In A Dram Shop Case?

In a dram shop case, you can sue several parties, including:

  • Establishments with liquor licenses
  • Servers and bartenders
  • Owners or operators of the establishment

Texas law includes social host liability, where hosts can be held liable if they knowingly provide alcohol to a minor on their premises. However, hosts are not generally liable for the actions of their adult guests.

In New Mexico, social host liability exists, but it is limited. A person who provides alcohol to a guest in a social setting can be held liable if they disregard other people’s rights. Otherwise, gratuitous alcohol providers are not held liable for damages caused by intoxicated guests.

Dram Shop Case? Let Us Handle It.

Flores Mendez Law has trusted trial lawyers that you can rely on. If you have received a dram shop liability lawsuit in Texas, New Mexico or Arizona, call 915-955-5164 or email today. We offer free consultations.