Common Types of Evidence Used in Texas Dram Shop Cases
The only way in which you can be able to win a dram case is if you are able to show or rather prove that the bar served a person who seemed to be intoxicated already and that as a result of his or her intoxication, there was a fatality or injury that occurred as a result. You may be wondering how it is that you can be able to prove that all these elements are actually true. Well, the easiest way for you to be able to do this is by providing evidence. And not just any kind of evidence, you need to be able to provide evidence that is of high quality for you to be able to win a dram shop case. Therefore, with this in mind, it is advisable that you hire an attorney who has all the right skill and experiences when it comes to dealing with cases like this one which involves the carrying out of liquor liability investigations.
What is it that has to be proven when dealing with a drama shop case?
For one to be able to win a drama shop case or the party that has been injured to win, the following, must be shown.
- That there was a licensed provider of liquor or alcohol;
- Either served, sold or provided alcohol;
- To an adult recipient;
- Who was clearly seen to be intoxicated already to an extent in which he or she posed a danger to others and him or herself as well… And as a result, the actions of the recipient was the main cause of the injuries that were suffered by the plaintiff.
As mentioned above, there are a number of different elements that you may have to prove for you to be able to win this kind of case. In the case whereby your lawyer is able to prove that the accident that you were involved in was as a result of a drunk driver and that prior to the accident they were drinking at a certain bar, but your lawyer fails to prove that the bar either served, sold or provided the alcohol to the drunk driver then chances are high that you are going to lose the case.
Understanding the Meaning of the Elements
Who is an adult recipient?
This can be defined as anyone who has reached the age of 18.
What does it mean when you say a licensed provider?
This can best be described as someone who serves, sells and provides alcohol in sports venues, restaurants, bars, catering companies just to mention a few.
Who is an obviously intoxicated person?
This is the serving of additional alcohol to a person who is already intoxicated.