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.
Why the Law Lets You Sue Bars for Drunk Driving Accidents There is a serious problem in many states when it comes to drunk driving accidents. And with this, many people who are been involved in this kind of accidents are seeking the services of drinking and driving attorneys to help them out with their cases. One of the main cause of these accidents are these bars which tend to over serve an already drunk individual who then end up getting involved in accidents which may also end up negatively affecting other road users as well. However, even though the law is letting people sue bars for drunk driving accidents which have been on the rise, many people have a problem with this law. This is mainly because most people would not really understand why a bar has to be sued for the sins that have been caused by a driver who is drunk. What is the legal justification when it comes to suing a bar? It is a responsibility for every single person in every state to be their brother’s keeper regardless of the situation in which they are in. In other words, it can be said that you have a kind of contract which is unspoken with all your neighbors meaning that the contract imposes you to carry out a number of obligations. Some of these obligations include not hurting your neighbor or anyone else due to your recklessness and your carelessness. Every single person is bound by this kind of care which is also known as the duty of responsible care or rather the reasonable person standard. The standards care that have been mentioned above tend to be looked at when dealing with personal injuries cases and in the making of various considerations. For example, when someone causes a serious road accident as a result of not checking their mirror, they are going to be sued by the law for negligence. Therefore, if you keep on selling alcohol to a person is seen to be already drunk and ends up causing an accident, then you may end up being sued. Understanding What Dram Shop Law Is Suing a particular bar as a result of a drunk driving incident is not something that is uncommon. In fact, this law has been understood by many different people. Also, because of the laws that have been put together, all states should be held accountable when it comes to the suing of bars that may have played a big role in drunk driving accidents. These laws that have been laid out to deal with such cases is what is known as a dram shop law. According to some states, it has been strictly and clearly been prohibited from selling alcohol to someone who is already intoxicated.